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tlBRARY 




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JAN U AB Y 6 



1B79 



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facilities to transact their business, remove all 
unnecessary charges and exactions, and this 
branch of our trade must prosper. I have no 
hesitation in saying that there will be a remarka- 
ble increase in our export trade tor some years to 
come. 

Our manufacturing industry should be en- 
couraged and relieved from all taxation, and 
charges that prevent us from comuetiug success- 
fully with other cities, so that our people can find 
profitable employment. All necessary and reas- 
onable works of improvement should goon. We 
want a'ld must have a complete sewerage, good 
streets and plenty of pure water. It is too expen- 
sive to stand still when the health of our citizens 
or their business prosperity will suffer by doing 
so. 

But, while providing with a liberal hand for all 
our wants, we must not forget that what our citi- 
zens most complain ot at the present time is too 
much taxation. 1 have no hesitation in saying 
that every industry in the city is loaded down by 
extravagant municipal expenditures. We may 
shut our eyes to this fact, but it is true. The re- 
trenchment of the past two years has been more 
talk than anything else. We have as yet scarce- 
ly touched the large expenditures in every de- 
partment, and taxpayers will never be satisfied 
with our work until a decided and raaical change 
is brought about. To bring about a desirable change 
the expenditures of every department ot the 
City Government must be cut down to the lowest 
possible amount consistent with good govern- 
ment. In the expenditure of $15,000,000, which 
has been the average actual expenditure for the 
past five years, it is important that there should 
be no waste — that our people are not taxed more 
than is actually necessary. The expenditures of 
the ciny of New York are about $30,000,000 per 
year, with a population of 1 ,200,000,':or about $25 
per capita, while the actual expenditures of 
Boston have averaged, for five years past, $15,- 
000,000 per year, or about $43 per capita on a pop- 
ulation of 350,000. This is an important tact for 
us to note. New York, looked upon as an extrav- 
agant city in all municipal expenditures, taxes 
her citizens $25 per head, while in Boston the tax 
has been $43. The actual expenditures oi Phila- 
delphia, with a population of 800,000, are about 
the same as the expenditures ot Boston with a 
population of 350,000. The tax of the city of 
Baltimore is not one-hall as large as 
the tax of Boston, while the populations 
In both cities are nearly equal. These three cities 
are great commercial centres, compete with us 
for the business and trade ot the couutfy, and it 
is a question tor the Board to consider if our high 
vaulations and high taxation does not interfere 
with our business and check our progress. 
Who has ever heard of wealthy cititizens 
leaving New York, Philadelphia or Balti- 
more to escape excessive taxa,tiou? while 
with us it is a matter of common oc- 
currence. Per capita the tax of Boston is far 
ahead of any other city in the country. To what 
extent department i^xpenses can be cut down and 
this tax reduced is tor the Board to determine. 
The responsibility rests with us. It may not, 
therefore, be out of place, at the present time, to 
call your attention, briefly, to some of the depart- 
ments where the largest amount of money is ex- 
pended. 

The School Depart'tnent. 
In the expenses of the School Department we 
find the most remarkable increase. The expendi- 
tures of this department tor the past twenty 
years, exclusive of new schoolhouses, as recorded 
in the last Auditor's report, have been as follows: 

From 1858 to 1863 ^2,721,246 

iFrom 1863 to 1868 3,634,271 

From 1868 to 1873 7,565,401 

From 1873 to 1878 9,535,201 

This shows an extraordinary increase, but let 
us take another view of these expenditures, and 
the increase will be more apparent aud remarka- 
ble. The average cost of a" scholar iu our public 
schools tor the period above enumerated has been 
as follows : 

Per scholar. 

From 1858 to 1863 §15.13 

From 1863 to 1868 22.14 

From 1868 to 1873 30.18 

From 1873 to 1878... 33.86 

With this surprising and unreasonable increase 
before us, it is important for us to consider, and 
to consider seriously, if there is not a waste in this 
department that i ought to be checked. Our 
schools should be kept up to the highest possible 



standard, but in the period from 1858 to 1863 we 
know that our schools were the best in the coun- 
try, and the education of our children cost us only 
fifteen dollars each per annum, while during the 
past five years the cost has been over thirty-three 
dollars each. At the same time it is 
doubtful it our schools are better today 
than at that time. It may be said tuat 
the expenditures in our schools are managed by 
another board, over which we have no control; 
but the responsibility, in tact, rests with us, as 
the appropriation tor Schools could not be passed 
without our sanction and vote. Let us look into 
this large expenditure, and if there is waste, 
check it if possible, even if we have to resort to 
extreme measures. 

The Pavivff Department. 
The expenses of the Paving Department have 
been as follows: 

From 1863 to 1 868 gl.001,029 

From 1868 to 1873 3,888,799 

From 1873 to 1878 5,084,573 

An average annual expenditure from 1863 to 1868 
of $200,206 per year, increased the next five years 
to $777,759, and the last five years to $1,016,914 an- 
nually. This is a very large increase. The aver- 
age annual cost tor the past five years has been as 
much as the entire cost tor the five 5'ears tronj 
1863 to 1868. We have annexed outlying cities and 
towns, but the expenses have increased tar more 
rapidly than our population, and it would be well 
lor you to inquire it there is not a great deal of 
unnecessary work done in this department. 

The Fire Departm.ent. 
The cost of the Fire Department for the same 
period has been as follows : 

From 1863 to 1868 8714,961 

From 1868 to 1873 2,163,774 

From 1873 to 1878 2,858,816 

This shows an average a nual cost from 1863 to 
1868 of $142,992, increased the next five years to 
$430,755, and the past five years to $571,763 per 
year. This is also a very large increase and 
should be looked into. 

The Police Department. 

The cost of t'he Police Department for the same 
period has been as follows: 

Froml863 tol868 i81,969,463 

From 1868 to 1873 2,862,463 

From 1873 to 1878 3,9~8.942 

This shows an average annual cost from i'S63 
to 1868 of $393,893, increased the next five 
years to $572,493. aud the past five years 
to $797,788. The increase in this department, 
compared with others, has been more reason- 
able and the expenses indicate that during the 
past fifteen years under review it has been man- 
aged well, so tar as expenditures are concerned, 
but as a new Board of Commissioners has been 
placed over that department, in order to curtail 
expenses and promote efficiency, we can reasona- 
bly look for reduced expenditures under their 
management. If there is any waste, it should be 
cut oft'. 

The Lamp Department. 

The cost of the Lamp Department for the same 
period has been as follows: 

From 1863 to 1868. 81,022,007 

From 1868 to 1873 1.591,713 

From 1873 to 1878 2,279,368 

This Shows an annual exoenditure for the five 
years from 1868 to 1873 of $204,401, increased the 
next five years to $318,345, and for the past five 
years to $455,873. The city is supplied with the 
best ot gas, but you will find that the cost of 
lighting our streets is much larger than any other 
city in proportion to our population and territory. 

The Health Department. 

The cost of the Health Department for the same 
period has been as follows : 

From 1863 to 1868 81,029,321 

From 1868 to 1873.... 1,601,178 

From 1873 to 1878 2,209,135 

This shows an annual expenditure for the five 
years from 1863 to 1868 of $25,864, increasf.d the 
next five years to $320,235, and the past five years 
to $441,827. The increase in this department has 
also been small compared with the large increase 
in other departruents, but some reduction ought 
to be made if it does not interfere with the effi- 
ciency of the service. In every department, the 
increase in expenditures is far greater than the 
increase of population. 

1 might go on and enumerate other departments 



CITY aOVEBNMENT 



of less tuagnitude, but it is our duty to see that 
all are conducted efficiently and economically. 

The actual expenses ot the city of Boston aie 
by far the largest of any city in the country on 
the basis of population, and now when there has 
been so great a shrinkage in real estate — when 
everything that we consume is cheajier than it 
has been for thirty years at least— it is but rea- 
sonable to expect that the expenses of the City 
Government should also be correspondingly re- 
duced. The actual expenses for the same period, 
including all departments, have been as follows: 

From 1863 to 18(58 ji(3-l,885,377 

Average per year for Ave years 6.377,075 

From 1868 to 187:^ 60907,745 

Average per vear for live years 12,199,549 

From 1873 to 1878 76,008,658 

Average per year tor live years 15,201,656 

These facts are very important for us to con- 
sider and understand! In doing so we will find 
that our City Government is a mixed one and dif- 
ficult at first to comprehend. For some years past 
we have been departing from the time-honored 
system of conducting city affairs that has been 
handed down to us for so many generations. The 
people now have scaicely any voice in the selec- 
tion of many leading officials, and their repre- 
sentatives very little control over the exnendi- 
tures of money after the appropriation bill is 
passed. To succeed in curtailing expenses we 
must cut down the appropriations to reasonable 
figures. This order will come belore us early in 
the year. After it is passed many of the depart- 
ments will tell us they are now beyond our con- 
trol — some under statute law and others regulated 
by rules and ordinances that would be difficult to 
change. 

Let me illustrate The Paving Department Is 
conducted on our o\(> system, under one respon- 
sible bead. Even alter an appropriation for that 
department is passed, no contract can be made, 
or street paved, or any considerable amount ot 
money expended without asking our consent, so 
tbat the Board is forced co keep a general super- 
vision over the work in that department. 

The I oard ot Fire Commissioners, the Water 
Board, the Board of Health, the Board ot Police 
Commissioners, the School Board and the Board 
of Public Institutions have extraordinary powers, 
and do abo'jt as tbey please in the expenditure ot 
money. These boards are close corporations, and 
all the business we have with them after the appro- 
priation bill is passed, is to audit their accounts. I 
repeat, if we want to economize, the only way to 
do it is when the order for the appropriations for 
the different departments came befre us early in 
the year. No matter how much money we vote to 
any board cr department, they will find an outlet 
for it. I believe it is possible to effect a very 
large reduction in expenditures it we are firm and 
insist upon sues a reduction. It is very often 
the case that the City Council fritters away 
its time on a reduction of salaries, and 
allows large appropriations to pass with scarcely 
any comment. A reduction of ten or twenty per 
cent, in the salaries over which we have control 
would save but a comparatively small sum of 
mot. ey to the treasury; but it we want to reduce 
the bills of our taxpayers, we must strike at the 
larg« appropriations and cut them down to rea- 
sonable figures, such as the times demand. 

After Mu experience of three years in the Board, 
I can safely promise you a year of hard work, but 
hard work is an easy task when we bring to its 
performance willing hearts and hands. I have no 
doubt our record at the end of the year will be a 
very creditable one. 

Again thanking you, gentlemen of the Board, I 
await your pleasure. 

On motion of Alderman Kelly, a message was 
sent to the Common Council of the organization 
of this Board, by the election of Hugh O'Brien as 
Chairman. 

A message was received from the Common 
Council that they had organized by the election of 
William H. Whitmore as President and Washing- 
ton P. Gregg as Clerk. 

On motion of Alderman Slade, the Board pro- 
ceeded to the election ot a Committee on Ac- 
counts. 

A ballot was taken, with the following result: 

Whole number of votes 12 

Necessary to a choice 7 

S. B. Stebbinshad 11 

Charles Hayden had 12 

Joseph A. Tucker had .*12 

and Messrs. Stebbins, Hayden and Tucker were de- 
clared elected. 



On motion of Alderman Viles, it was ordered— 
That the rules and orders of the Board of Alder- 
men tor 1878 be adopted as the rules and orders of 
the Board until otherwise ordered, and Aldermen 
Viles and Flynn were appointed a committee to 
report if any changes are needed therein. 

On motion of Alderman Flynn, a message was 
sent to the Common Council proposing a joint 
convention lor the choice of City Clerk. Subse- 
quently a message was received that the Council 
had concurred, ami the Mayor and Aldermen pro- 
ceeded to the Council Chamber. 

Upon returning to the Aldermen's room, the 
Board received from the Council an order that 
the joint rules and orders of the City Council of 
the year 1878 be adopted as the joint rules and 
orders of the present City Council until otherwise 
ordered. The order was read twice and passed in 
concurrence, and Messrs. Slade and Kelly were 
appointed a committee on the part of the Board 
to examine and report if any alterations in the 
rules and orders are needed." 

On motion ot Alderman Breck, it was ordered — 
That, until otherwise ordered, Monday, at four 
o'clock P. M., be assigned as the day and hour for 
holding the regular meetings of the Board. 

Alderman Sfade offered an order— That a joint 
special committee, to consist of three members of 
the Board of Aldermen, with such as the Common 
Council may join, be appointed to determine and 
pay the allowances of State aid to the families «f 
disabled soldiers and the families ot the slain, 
pursuant to the existing acts of the Legislature; 
and that said committee have power to employ a 
paymaster and Mich clerical assistants as may be 
reojuiied tor that purpose; and that the expense 
be charged to the appropriation for Soldiers' 
Relief. Read twice and passed. And Aldermen 
Slade, Hayden and Bell were appointed said com- 
mittee on'behalf ot the Board. Sent down. 

Alderman Slade also offered an order— That 
the Committee on State Aid on the part of the 
Board of Aldermen be authorized to pay to per- 
sons entitled lo the same, under chapter 282 of 
the acts of 1878, such sums in each case as they 
think expedient; such amounts to be charged 
to the appropriation for Soldiers' Relief. Read 
twice and passed. 

On motion of Alderman Viles, the Board ad- 
journed. 

Common Council. 

After the Mayor and Aldermen retired from 
the Council Chamber, on motion of Mr. Sibley of 
Ward 5, an election for President was ordered. 
Messrs. Sibley of Ward 5, Rosnosky of Ward 16, 
Woolley of Waid 1, Kidney of Ward 6, and Mor- 
gan of Ward 15 were appointed a committee to 
collect and count votes. They reported as fol- 
lows: 

Whole number of votes 68 

Necessary to a choice 35 

William H. Whitmore of Ward 12 had 55 

Roger Wolcott of Ward 11 had 9 

.John P. Brawley 2 

Isaac RosJioskv 1 

Blank 1 

And Mr. Whitmoie was declared elected. Messrs. 
Sawyer of Ward 18 and Locke of Ward 14 were ^ 
appointed a committee to conduct the President flf 
to the chair, which they did. 

The Piesident was introduced to the Council, 
took the chair, and said- 
Gentlemen— I am very much obliged to you for 
your kindness in calling upon me to preside over 
your meetings for the ensuing jear. I am fully 
aware that I owe this nomination mainly to party 
considerations. I do not wish to put it in any of- 
fensive way, but I understand myself to be 
called upon to take this place because it is the 
wish of that party which has at present the ma- 
jority in both branches of the City Gov- 
ernment. At the same time, I am ful- 
ly aware that that majority is so slight 
in this branch of the City Government 
that it is necessary that forbearance should be 
exercised on both sides, in order that the public 
business may not be delayed or hindered. 1 trust 
that we have a common purpose here ot desiring 
to do the work of the city as speedily as possible, 
and that party issues will not be unnecessarily 
draeged into any discussion which may take 
place in this chamber. For my own part, I have 
one precedent before me which is entirely suffi- 
cient for me. My predecessor for the past two 
years was a gentleman who has been honored by 
promotion to a higher branch of the City Gov. 
ernment, and I am bound to believe that his con_ 
duct in the past year has been entirely satisf ac^ 



J AN U ARY 6 



187 9 



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tory. I propose to treat the Republican minority 
of this boily with the same consideration aucl 
fairness that my predecessor treated the Uemo- 
cratio minority during the past year. The Legis- 
lature of the present year has reduced the limit 
of time within which we can send up requests to 
that body for additional leeislation. Instead ot the 
22dof February it is now the 5th of February which 
is made the limit or time for the introauction of 
new business into the Legislature. The address 
of his Honor has pointed out that there are quite 
a number of topics upon which we may require 
some assistance or permission from the General 
Court. We have, therefore, more reason than 
ever to commence the year with prompt attention 
to business, and we must expect a great deal of 
new business to be introduced within the next 
three or four meetings; and with the intention of 
setting an example of what I have begun to 
preach to you, I will now announce that the Coun- 
cil is ready to proceed to business. 

On motion of Mr. Brawley of Ward 19, an elec- 
tion for Clerk of the Common Coiincil was or- 
dered. Committee— Messrs. Sibley of Ward 5, 
Nason of Ward 17,5and Rosnosky of Ward 16. 
They reported- 
Whole number of votes 68 

Neecssary for a choice 35 

Washington P. Gregg had i 61 

Joseph O'Kane 7 

Mr. Gregg was declared elected. The usual 
oath of office was administered to him by John F. 
Healy,City Solicitor, and he assumed his posi- 
tion . 

Mr. Mullane of Ward 12 offered an order— That 
the rules of the Common Coun-cil of 1878, with the 
exception of rule 66, be and are hereby adopted 
as the rules of this body, and that Messrs. 

be a committee to repoit what further 

rules are necessary. Read twice and passed, and 
Messrs. Rosnosky of Ward 16, Sibley of Ward 5, 
and Brawley of Ward 19 were appointed said com- 
mittee. 

Mr. Mowry of Ward 11 offered an order— That a 
committee be appoisted to inform the Board of 
Aldermen that the Council ha? organized by the 
election of William H. Whitmore as President 
and W. P. Gregg as Clerk. Read twice and passed, 
and Mr. Mowry of Ward 11 was appointed said 
committee, and he performed the duty assigned. 

While the committee was out, Mr. Brawley of 
Ward 19 said, I desire to state in behalt of Mr. 
O'Kane that his name was used as a candidate for 
Clerk without his knowledge or consent, and that 
ne would not under anj circumstances stand as a 
candidate for Clerk against Mr. Gregg. I state 
this at the request of Mr. O'Kane. 

Mr. Rosnosky of Ward 16 offered an order— That 
the joint rules of the City Council of 1878 be and 
are hereby adopted as the joint rules of the pres- 
ent City Council until otherwise ordered, except 
rules numbered 2, 20, 21 and 22, and with the 
change in rule 1 so that the President of the 
Common Council shall be, exofficio, a member of 
the Joint Standing Committees on Legislative 
Affairs and the Committee on Ordinances, and 
that Messrs. , with si;ch as the Board of Al- 
dermen may join, be a committee to examine and 
report wnat additional joint rules are necessary. 

The question was upon giving the order a sec- 
ond reading. 

Mr. Coe of Ward 23—1 would like to have some 
explanation as to the necessity of that. I hope the 
mover will explain the object he has in view. 

Mr. Rosnosky of Ward 16 — The reason I brought 
this forward is that I think it is highly necessary 
that the President shall be one of those commit- 
tees. It there are to be any such matters brought 
before the Legislature as were last year, I think 
he ought to be a member of those committees. 
For that reason I think it ought to be a part of 
the rule. 

Mr. Coe of Ward 23—1 think it is usual to adopt 
the rules of the old Council without change at the 
opening of the session. A committee can then 
be appointed and report at any time any neces- 
sary changes. We shall then be prepared to take 
tnem up and act upon them. But it seems to me 
like forcing matters to attempt to adopt them in 
this manner. I therefore hope that the rules will 
be adopted in their present shape. 

The order was passed to a second reading and 
put upon its passage. 

Mr. Colby of Ward 18—1 move to amend that 
order by striking out all reference to rules 1, 20, 21 
and 22, so that the order will read simply that the 
joint rules of the City Council of 1878 be and here- 



by are adopted as the joint rules of the present 
City Council until otherwise ordered, etc. 

Mr. McGaragle of Ward 8—1 would ask the rul- 
ing of tlie Chair whether, if we adopt these rules 
as proposed by the amendment, when the com- 
mittee reports, it will not require a two-thirds 
vote to alter or change them? 

The President— The Chair understands that to 
be the effect of the adoption of the rules of the 
previous Council at this time. 

Mr. McGaragle— Then I hope the order will be 
passed as originally offered. If we adopt those 
rules now, it will require a two-thirds vote to alter 
or amend them, and I don't know exactly whether 
we will be able to do that. I don't know what all 
the rules are referred to, but I have an idea as to 
a portion of them, and I hope the original order 
will be adopted. 

Mr. Colby of Ward 18—1 had not supposed for a 
moment that we are to sit here in this chamber 
and act under any of the present rules for any 
great length of time. But a Committee on Joint 
Rules and Orders will be chosen; they will meet 
and probably report within three or four weeks 
at the farthest, and it seems to me that the joint 
rules, which were good enough for the City Coun- 
cil of 1878, must be good enough for this Council 
during so short a period as that. It cannot be 
more than four weeks at most; so I don't under- 
stand why they should move to strike out these 
rules which were designated by the gentleman 
from Ward 16. If there is any reason, I would 
like the gentleman who presented tne order to 
give it. 

Mr. Mowry of Ward 11 — I certainly hope that 
the amendment of the gentleman opposite will 
prevail. It seems to me there can be no good 
reason why we should depart from the usual 
course of procedure in this matter. It seems to 
me to be advisable for us to keep the old rules 
and orders for the time being, and until the com- 
mittee can report certain changes and modifica- 
tions. 

Mr. Rosnosky of Ward 16— The renson I ask that 
the rules be not adopted is that we had to be sat- 
isfied with the rules as they were last year. The 
gentleman from Ward 8 has well stated that it 
will take a two-thirds vote to change those rules 
when they are once adopted, and I therefore re- 
quest of the gentlemen that the order be passed 
as presented. It might take two months to change 
them after they are adopted. I shall call for a 
yea and nay vote. 

Mr. Sibley of Ward 5— It seems to me the better 
way is to adopt the rules as they now stand. I 
always like to give an intelligent vote, and I am 
sure that the new members have not had time to 
examine these rules. I know that the committee 
appointed on joint rules will not neglect their 
duty. They will very soon report, and then it will 
be the duty of the Council to adopt any amend- 
ment they think proper. But it does seem to me 
like going it blind to strike out some of the rules 
and put nothing in their places. If they are use- 
less the committee will examine into the subject 
and report the necessary changes, and then the 
Council can decide upon it as far as it belongs to 
the Council. 

Mr. Coe of Ward 23—1 would call attention of 
the Council to rule 20, which it is endeavored to 
strike out in this manner: "No bills for refresh- 
ments or carriages furnished to any member of 
the City Governhient shall be paid unless such 
bills shall specify in detail the names of the mem- 
bers to whom such refreshments or carriages were 
furnished, the dates of furnishing the same, and 
shall be approved by the presiding oilicer of 
a board or chairman of a committee, duly author- 
ized thereto. The presiding officer of a board or 
chairman of a committee shall not approve any 
bill for refreshments furnished on any day other 
than the day of meeting of such board or commit- 
tee, or any bill for refreshments which include 
liquors or cigars, or any bill for refreshments fur- 
nished to any person not a member of such 
board or committee, unless specially author- 
ized to do so by vote o; such board or 
committee. Such bills, when so approved, shall be 
paid from the appropriation to which they are in- 
cident; and the Auditor of Accounts shall not 
pass any such bill for the approval of the Com- 
mittee on Accounts unless it has been approved 
as provided in this or the preceding section." 

It is-sought to strike out this section by a ma- 
jority vote. I hope that when the vote is taken it 
will be by yeas and nays, so that we can go upon 
record upon that point. 

The President— Tke Chair begs leave to state 



V 



CITY G-O VEKNMIilN T 



that bis ruling having been asked for, it is based 
on the twenty-third joint rule, which stands as 
follows: 

"The foregoing rules shall not be Altered, 
ainended, suspended or repealed at any time ex- 
cept by the votes of two-thirds of the members of 
each branch of the City Council." 

The Chair understands that when the joint rules 
are once adopted, even by the most hasty action, 
this rule 23 is then operative and it will be Impos- 
sible to alter, amend or repeal any one of the 
rules except by a two-thirds vote. The Chair also 
understands tbat at present we have no joint 
rules, and the order presented by Mr. Rosnoslsy Is 
simply a motion that certain rules be adopted, 
and that the motion of Mr. Colby will be simply 
to aoopt the joint rules as they now are. 

Mr. Sweeney of Ward 2—1 move as^ an ameud- 
ment that the joint rules of last year be adopted 
until otherwise ordered. 

The President — The amendment of the gentle- 
man from Ward 2 is identical in effect with that 
of tbe gentleman from Ward 18, except the ap- 
pointment of the committee, and the Chair feels 
It his duty to call the gentleman's attention to it. 

Mr. Sweeney— I happened to be out when the 
discussion was going on, but I believe that the 
custom has been to live under the rules as they 
have been until the committee make their report, 
and 1 suppose we can do the same today. When 
the committee bring in their report we can amend 
or adopt it as we see tit. 

Air. Sweeny withdrew his amendment and the 
question came upon the amendment of Mr. Colby. 

Mr. Coe — If, by common consent, this amead- 
meot can be adopted, I would withdraw the call 
for the yeas and nays upon the amendment. 

Mr. Colby's ameudment was adopted and the 
order as amended was passed. The President ap- 
pointed Messrs. Rosnosky of Ward 16, Sibley of 
Ward 5 and Brawley of Ward 19 upon said com- 
mittee. Sent up. 

A message was received from the Board of 
Aldermen that they had organized by the elec- 
tion of Hugh O'Brien as Chairman. Placed upon 
file. 

A message was received from the Board of 
Aldermen proposing a convention oj both branches 
of the City Council tor the purpose of choosing a 
City Clerk for the present municipal year. The 
Council concurred in the request. 

Mr. Cbristal of Ward 7 olt'ered an order— That 
the- joint standing committees resume the unfin- 
ished business appropriate to them referred from 
tbe last City Council. Read twice and oassed. 
Sent up. 

Mr. Nasou of Ward ) 7 offered an order— That 
when this Council adjourn it be to meet on Thurs- 
day next at half-past seven o'clock P. M., and that 
that be the day and the hour for the regular 
meeting of the Council until otherwise ordered. 
E,ead twice and passed. 

Mr. Kidney of Ward 6 offered an order— That a 
joint special committee be appointed to report 
what aisposition shall be made of the topics in 
the Mayor's address. Read twice and passed. 
Subsequently the President appointed as said 
committee Messrs. Kidney of Ward 6, Locke of 
Ward 15, and Rust of Ward 10. Sent up. 

Mr. Sibley oi Ward 5 offered an order— That the 
Municipal Register be printed under the direction 
of the Joint Committee en Rules and Orders, who 
may employ such assistance as may be deemed 
advisable, and that they prepare a pocket edition 
of the rules, and a list of the members and com- 
mittees; the expense to be charged to the appro- 
priation for Printing. 

Mr. Rosnosky of Ward 16 offered an ameud- 
ment — "And said committee be requested to con- 
sider and report upon the expediency of changing 
the plan of said Register in order to lessen the 
expense." 

Mr. Sibley accepted the amendment, and the 
order as amended was read twice and passed. 
Sent up. 

At this point the Mayor and Aldermen entered 
the chamher and a joint convention was held. 
After the convention was dissolved the following 
business was transacted: 

Mr. McGaragle of Ward 8 offered an order — 
That a standing committee on elections be ap- 
pointed, to consist of five members of this Coun- 
cil. Read twicd and passed. Subsequently the 
President appointed as said committee, Messrs. 
McGaragle of Ward 8, Denny of Ward 12, Lev- 
ering of Ward 4, Ward of Ward 21, and Blake- 
more of Ward 23. 

Mr. Coe of Ward 23 offered an order— That a 



joint special committee, consisting of three mem- 
bers of this board, with such as the Board of Al. 
dermen may join, be appointed to take charge of 
all matters of the unfinished businessj relating to 
public parks. 

Read twice and passed. Sent up. 

Mr. Mo wry of Ward 11 offered ah order— That a 
joint special committee, consisting of five mem- 
bers of this Board, with such as tbe Board of Al- 
dermen may join, be appointed to take charge of 
the construction of the improved sewerage. 
Read twice and passed. Sent up. 

Mr. Brown of Ward 23 offered an order- That 
five members of this Council, with such as the 
Board of Aldermen may join, be appointed to 
take charge of the improvement of Stony Brook 
under tbe provisions of chapter 196 of the acts of 
1874, with authority to remove the obstructions in 
and over said brook and the tributaries thereof, 
and divert the water and deepen the channel 
thereof, and to take and purchase such lands as 
may be necessary for such purpose. 

The order was read twice and put upon its pas- 
sage. 

Mr. Wolcott of Ward 11 — Before that order is 
passed, I think we ought to know whether the au- 
thority couferrea by the order is the same under 
which the committee have been acting. It seems 
to me it is very sweeping, and it is desirable to 
know whether it is the same as that under which 
the committee have been acting. 

Mr. Brown— I will state to the Council that that 
is a coiiy of the order passed a year ago. 

The order was read twice and passed. Sent up. 

Mr. Taylor of Ward 16 offered an order — That 
joint special committees of three members of the 
Council, with such as the Board of Aldermen 
may join, be appointed to nominate candidates 
for" Overseers of the Poor, superintendents of 
bridges. Clerk of committees. Superintendent of 
Common and Public Grounds, Superintendent os 
Streets, Superintendent of Public Buildings, Su- 
perintendent of Public Lands, City Architect, Su- 
perintendent of Sewers, City Messenger, City En- 
gineer, City Surveyor, City Registrar, City Solici- 
tor, Water a Registrar, Commissi- ner of Cedar 
GrovelCemeteiy, Directors for Public Institutions, 
Directors of East Boston Ferries, Trustees of the 
City Hospital, Ttustees of the Public Library, 
Trustees of Mt. Hope Cemetery, Commissioners 
of the Sinking Funds, Auditor of -VccountSjTreas- 
urer. Collector of Taxes and Weighers and In- 
spectors of Lighters. 

Mr. McGaragle of Ward 8—1 would like to 
know what authority this board has to appoint a 
committee to nominate Trustees of the Public 
Library. 

The President — I am inlormed that this is the 
usual form of the order, and was undoubtedly 
copied from that of last year, and as there has 
been a change in the law the objection of the 
gentleman from Ward 8 is well made. 

Mr. Taylor moved to strike out the portion re- 
lating to Trustees of the Public Library. 

Mr". Shepard of Ward 1— The law in regard to 
the Trustees of the Public Library was changed in 
some respects last year, but we still have one 
member to elect on the part of this Council, and 
one on the nart of the Board of Aldermen as 
Trustees of the Public Library. The two mem- 
bers at large are nominated by the Mayor and 
confirmed by the City Council. 

Mr. Taylor withdrew the motion to strike out 
the portion relating to Trustees of the Public Li- 
brary, and the order was passed. Sent up. 

Mr. Wolcott of Ward 11 offered an order— That 
Thursday next, at eight o'clock P. M., be assigned 
as the time tor the election on the part of this 
Council of a Joint Standing Committee on 

Finance, and that Messrs. be appointed a 

committee to make nomination of candidates. 
Read twice and passed, and Messrs. Wolcott of 
Ward 11, Sweeney of Ward 2, and Kendricken of 
Ward 20 were appointed said committee. 

Mr. Sawyer of Ward 25 offered an order— That 
Thursday next, at 8i^ o'clock P. M., be the 
time for this Council to proceed to the 
election of a Committee on Accounts on the part 
of this Council, and that Messrs. be a com- 
mittee to nominate candidates. Read twice 
and passed, and Messrs. Sawyer of Ward 25, Coe 
of Ward 23, and Barry of Ward 22 were appoint- 
ed said committee. 

An order came down for tbe appointment of a 
Joint Special Committee on State Aid to Disabled 
Soldiers and Sailors, etc. Read twice and passed 
in concurrence. Subsequently the President 
appointed on said committee Messrs. Mc- 



JANUARY 



1879 



6 



Kay of Ward 7, Cannon of Ward 15, Hayi s ot 
Wards, SJiepaid of Ward 1 and Wxman oi Ward 
21. 

Mr. Plimpton of Ward 21 offfred an order- 
That, the severwl heads of departments and boards 
of directors be requertted to submit their annual 
reports in print. Read twice and pa>sed. Sent 
up. 

Mr. Bowker of Ward 16 offered an order— That 
his Hoiior the Mayor be requested lo furnish a 
Copy of his address, that the same may be print- 
ed. Read twice and pussed. Sent up. 

The Council proceeded to druw for seats in the 
usual lorui; after whirh the Council adjourned, 
and stood adjourned until Thursday next an TVi 
o'clock. 



Joiat Oonvcntion. 

A joint convention was held, pursuant to an 
order of both branches tor the election of a City 
Clerk for the present municipal year. 

Aldermen Breck and Councilmen Kendricken 
of Ward 20 and Greenough of ^Vard 9 were ap- 
pointed a committee to collect and count votes. 
Thty reported — 

Whole number of votes 74 

Necessary for a choice 38 

Sumuel F. McCleary had 72 

W. P. Greg^had 1 

Blank 1 

Mr. McCleary was declared elected, and the 
usual oach of office was administered by the 
Mayor The convention then dissolved. 



COMMON OOUNOIL 



CITY OF BOS TON. 

Proceedings of the Common Council, 

JANUARY 9, 1879. 



Regular meeting, pursuant to adjournment, at 
7.30 o'clock, William fl. Whitmore,' President, In 
the chair. 

PAPERS FROM THE BOARD OF ALDERMEN. 

Certificate of the election of a Committee on Ac- 
counts on tbe part of the Board of Aldermen. 
Placed on flle. 

Ordtr tor the Committee on State Aid of the 
Board ol Aldermen to pay to disabled soldiers 
such amounts as may be due them in accordance 
with the statute. Ordered to a second reading. 

REPORTS OF CITY OFFICERS. 

Sealers of Weifjlits and Measures. The annual 
report of the Sealers of Weights and Measures 
(City Doc. ) was received and sent up. 

The force in this department is composed of 
one sealer and tour deputy sealers, and during the 
eight mouths since May 1st they have accom- 
plished a large amount of work, which has been 
brought into the office by parties renreseuting all 
kinds of business, and demonstrates, by the fol- 
lowing report of its operations, that this depart- 
ment is one of importance to the business com- 
munity and to tbe public also. The largest day's 
work has been fifty scales, 202 weights, and 138 
wet and diy measures tested; and the largest 
month's work has been 752 scales, 2937 weights, 
and 687 wet and dry measures tested. 
The unexpended balance of the 
appropriatiou for the finan- 
cial year 1877 and 1878, on 

hand Jan. 1, 1878, was 81,225.00 

The appropriation for the finan- 
cial year 1878 and 1879 was. . 5,800.00 

87,025.00 

Classification of Expenses. 
Blxpenditnres by my predeces- 
sor, from Jan. 1 to May 1, 
1878- 

Salaries $1,633.32 

Sundry bills: cart- 
ing, 839.00; tools, 
88.52; printing, 
828.48, stationery, 
815.06; newspaper, 
810.00. 101.06 



Expenditures from May 1, 1878, 

to Jan. 1, 1879— 

Salaries 83,266.68 

Carting 262.80 

Tools, hardware and 

Bimdries, including 

36 new SO-pound 

weights, ordered 

before May 1, 

8108.00 

Printing 

Stationery 

Advertising 

Newspapers, direc- 
tory, tolls, car fares 



8t, 734.38 



136.78 
60.46 
61.73 
16.50 

22.46 



3,827.40 5,661.78 



Leaving an unexpended balance on baud 

Jan. 1,1879, of 81.463.22 

Operations of the Department. 
Total number of scales tested from Jan. 1, 

1878, to Jan. 1, 1879 4,333 

Total number of weights tested from Jan. 1, 

1878, to Jan. 1, 1879 17,078 

Total number of dry measures tested from Jan. 

1, 1878, to Jan. 1,1879 2,087 

Total number of wet measures tested from 

Jan. 1, 1878, to Jan. 1, 1879 3,567 

Total number of yardsticks tested from Jan. 

1,1878, to Jan. 1, 1879 209 

Total number of charcoal baskets tested from 

Jan. 1, 1878, to Jan. 1, 1879 IS 

Total number of salt tubs tested from Jan. 1, 

1878,to Jan.l, 1879 12 

The law requires the sealers to go once a year to 
every hay, coal, dormant, or other platform bal- 
ance that cannot be easily removed, and test 
them. For this purpose, a part of the appropria- 
tion has been expended in hiring a horse, wagon, 
and man, to transport the weights, etc., used for 
testing said scales. 

The amount expended for this purpose has been, 
from May 1, 1878, to Jan. 1, 1879, §262.80. 

The amount of work performed has been as fol- 
lows, and included in the foregoing operations: 



Number of scales 5000 lbs. to 80 tons' capacity 

tested 365 

Number of dorraants less than 6000 lbs. capac- 
ity tested 233 

Number of platform balances tested 211 

Number of weights tested and found correct. . . 2,825 
Number of weights tested and found light and 

were adjusted 986 

Number of weights tested and found heavy and 
were adjusted 154. 

Total number of scales tested 809 

Total numberof weightstested 3,965 

It gives me great satisfaction, in concluding 
this report, to make the statement that the credit 
of the amount of work accomplished, as shown in 
the operations of the department, is largely due 
to the able and raithtul manner in which the gen- 
tlemen connected with the department, as depu- 
ties, have performed the duties pertaining to the 
office. Respectfully submitted, 

Francis M. Howe, 
Sealer ot Weights and Measures. 

Auditor's Exhibit. The report of the Auditor 
ot Accounts ot the state of the appropriations on 
Jan. 1, inst., was received. Sent up. 

Total appropriations, $15,150,690.95; expended, 
§10,884,932.85; balance unexpended, $4,265,758.10. 

nre Commissioners. Monthly report of the 
fires and alarms in the mouth of December. 
Sent up. 

Police Commissioners. Report of the opera- 
tions of the department for the month of Decem- 
ber, 1878. Sent up. 

nomination of A FINANCE COMMITTEE. 

Mr. Wolcott of Ward 11 submitted a report from 
the special committee to nominate a Standing 
Committee on the part of the Council on Finance, 
recommending the election of John H. Locke, 
Henry F. Coe, John A. Sawyer, Francis J. Ward, 
Paul H. Kendricken, Thomas N. Hart. 

The report was accepted. 

[An election was held subsequently.] 

RULES AND ORDERS OF THE COMMON COUNCIL. 

Mr. Rosnosky of Ward 16 submitted the follow- 
ing (City Doc. No. 7) : 

The committee appointed to prepare rules and 
orders for the government ot the Common Coun- 
cil lor the year 1879, having considered the sub- 
ject, would respectfully recommend that the 
rules and orders for the Common Council for 1878, 
as printed in the Municipal Register for that 
yeai', be adopted as the rules and orders lor the 
government'of this Council, with the following 
amendments, namely — 

Section 29. Strike out the word "Police," the 
duties formerly performed by the Standing Com- 
mittee on Police having been transferred to a 
joint standing committee. 

Section 32. Amend to read as follows: 

"Sect;. 32. All committees of the Council, ap- 
pointed by the President, chosen by ballot, or 
consisting of one or more from each ward, shall 
be notified of their first meeting by the clerk of 
committees. The member first named shall be 
chairman, unless otherwise ordered by the com- 
mittee, in which case the Council shall be notified 
of tbe change. The same rule shall apply to joint 
committees." 

Sect. 36. Add the following : "Such report when 
presented may be ordered to be printed, and shall 
take its place among the unfiuished business, for 
consideration at the next meeting." 

Sect. 43. Add the following: "Whenever the 
second reading immediately follows the first, the 
document may be read b> its title only, unless 
objection is made." 

Sect. 64. Add the following: "For this purpose 
the President shall appoint, in the month of Jan- 
uary, two tellers for each of the three divisions of 
the Council specified in Rule 69, who shall agree 
on a count and report the result aloud to the 
President." 

Sect. 66. Strike out the words "or in case he 
shall not withdraw his motion, any other mem- 
ber." 

Respectfully submitted. 

Isaac Rosnosky, Chairman. 

The report was accepted. 

The President— The report having been accept- 
ed, the next thing to be attended to is the order 
which is embodied in the report, which is to ac- 
cept the rules and orders as they stand in the Mu- 
nicipal Register for the year 1878. The first rule of 
the Council is— [The President read the rule]. It 
no objection is made, the Chair will suspend the 
reading of all the printed rules which are known, 
and will pass to the reading of tne rule on which 



J AN U ARY 9 



1 e 7 9 



the first amendment is made by the committee, 
which is rule '29. 

Mr. Coe of Ward 23— It seems to me we should 
becaretul how we chauge these rules. Of course 
we are not prepared to consider them tonight 
upon the report of the committee. I move that 
the consideration of the subject be specially as- 
signed to next Thursday evening at a quarter be- 
fore eight o'clock. 

The motion prevailed, and the subject was 
specially assigned to the next meeting, at a quar- 
ter befoie eight o'clock. 

JOINT RULES AND ORDERS. 

Mr. Rosnosky submitted the following (City 
Doc. ): 

The joint special committee appointed to pre- 
pare rules and orders for the government of the 
City Council during the present municipal year, 
having considered the subject, would respectfully 
recommend that the tollowing changes be made 
in the rules and orders of the last City Council, 
namely : 

Section 1. Providing that the Joint Standing 
Committee on Legislative Matters shall consist of 
two Aldermen, and the President and two mem- 
bers of the Common Council. 

Providing that the Joint Standing Committee 
on Ordinances shall consist of three Aldermen, 
and the President and four members of the Com- 
mon Council. 

Providing for the appointment of a Joint 
Standing Committee on Police, to consist of two 
Aldermen and three members of the Common 
Council. 

Sect. 11. Add the following: "The Joint Stand- 
ing Committee on Legislative Matters shall re- 
port in print to the City Council all bills, resolves 
and petitions presented to the Legislature in be- 
half of the city of Boston, or any department 
thereof. Such printed report shall be made at the 
next meeting of either branch after such applica- 
tion is made, or earlier, at the aiscreiion of said 
committee." 

Sect. 13. Add the following: "The adoption of a 
substitute shall be deemed a rejection of the origi- 
nal order, and notice as above shall be given." 

Sect. 20. Strike out the words " refreshments 
or" in the first and fourth lines, and the words 
'•or cigars" in the twelfth line in the pocket edi- 
tion. 

Sect. 22. Strike out the words "including items" 
in the first and sucond lines of che pocket edition. 

The accompanying order covers the proposed 
changes, and your committee would respectfully 
recommend its passage. 

Kespectiully submitted. 

Lucius Slade. 
Daniel D. Kei,lt. 
Isaac Rosnosky. 
Edwin Sibley. 
John P. Bkawley. 

Ordered, That the following rules and orders be 
adopted for the government of the City Council 
during the present year: 

1. At the commencement of the municipal year 
the following joint standing committees shall be 
constituted, namely: 

A committee on Accounts, to consist of three 
A-ldermen and live members of the Common 
Council, all to be chosen by ballot. 

A committee on Finance, to consist of the May- 
or, the Chairman of the Board of Aldermen, ex 
officiis, and seven members of the Common Coun- 
cil, to be chosen by ballot. 

The following committees shall be appointed, 
namely: 

A committee of the Assessors' Department, to 
consist of three Aldermen and five members of 
the Common Council. 

A committee on Claims, to consist of three Al- 
dermen and live members of the Common Coun- 
cil. 

A committee on Common and Public Grounds, 
to consist of three Aldermen and five members of 
the Common Council. 

A committee on the City Engineer's Depart- 
ment, to consist of two Alaermen and three mem- 
bers of the Common Council. 

A committee on City Registrar's Department, 
to consist of two Aldermen and three members of 
the Common Council. 

A committee on East Boston Ferries, to consist 
of three Aldermen and five members of the Com- 
mon Council. 

A committee on the Fire Department, to consist 
of two Aldermen and three members of the Com- 
mon Council. 



A committee on Fuel, to consist of two Aldermen 
and three members of the Common Council. 

A committee on the Harbor, to consist of two 
Aldermen and three members of the Common 
Council. 

A committee on the Health Department, to con- 
sist of two Aldermec and three members of the 
Common Council. 

A committee on the City Hospital, to consist of 
two Aldermen and tbree members of the Common 
Council. 

A committee on Legislative Matters, to consist 
of two Aldermen and the President and two mem- 
bers of the Common Council. 

A committee on Mt. Hope and Cedar Grove 
Cemeteries, to consist of two Aldermen and three 
members or the Common Council. 

A committee on Ordinances, to consist of three 
Aldermen and the President and four members of 
the Common Council. 

A committee on Overseers of the Poor, to con- 
sist of twoAldeimen and three merubers of the 
Common Council. 

A committee on Police, to consist of two Alder- 
men and three members of the Common Council. 

A committee on Printing, to consist of two Al- 
dermen and three members of the Common Coun- 
cil. 

A committee on Public Baths, to consist of 
three Aldermen and five members of the Common 
Council. 

A committee on Public Buildings, to consist of 
three Aldermen and five members of the Common 
Council. 

A committee on Public Institutions, to consist- 
of three Aldermen and five members of the Com- 
mon Council. 

A committee on Public Instruction, to consist of 
three Aldermen and the President and four mem- 
bers of the Common Council. 

A committee on Public Lands, to consist of two 
Aldermen and three members of the Common 
Council. 

A committee on the Public Library, to consist 
of three Aldermen and five members of the Com- 
mon Council. 

A committee on Salaries, to consist of three 
Aldermen and five members of the Common 
Council. 

A committee on Laying Out and Widening 
Streets, to consist of three Aldermen and five 
members of the Common Council. 

A committee on City Surveyor's Department, to 
consist of two Aldermen and three members of 
the Common Council. 

A committee on the Department for the Survey 
and Inspection of Buildings, to consist of two 
Aldermen and three members of the Common 
Council. 

A committee on the Treasury Department, to 
consist of two Aldermen and three members of 
the Common Council. 

A committee on Water, to consist of two Alder- 
men and three members of the Common Council. 
Organization of Committees. 

2. The member of the Board of Aldermen first 
named on every joint committee, of which the 
Mayor is not a member, shall be its chairman; 
and in case of his resignation or inability, the 
other members of the same board in the order in 
which tbey are named, and after them the mem- 
ber of the Common Council first named, shall call 
meetings of the committee and act as chairman. 

Powers and Duties of Committees. 

3. The Committee on Salaries shall report to 
the City Council in February or March orders es- 
tablishing the salaries of the several city officers 
for the ensuing year; and the report of said com- 
mittee shall designate particularly the changes, 
it any, proposed in said salaries. 

4. The Committee on Legislative Matters shall, 
unless otherwise ordered, be authorized to appear 
before committees of the General Court, and 
represent the interests of the city. 

5. The joint standing committees shall cause 
records of their proceedings to be kept in books 
provided for that purpose, and at all meetings of 
committees the record of the previous meeting 
shall be read, unless otherwise ordered by the 
committee, 

6. The representatives of the two branches of 
the City Council on joint committee shall not act 
by separate consultations. Ko meeting of any 
committee shall be called upon less notice than 
twenty-four hours, without the consent of all the 
members thereof. 

7. Any joint standing or special committee 



COMMON COUNCIL. 



may, unless otherwise provided, expend from the 
appropriation ot whicb, by ordinance or order of 
the City Council, it has charge, an amount not ex- 
ceeding two hundred dollars for any one objector 
purpose. 

Conference Co^nmittee.s. 

8. In every case of disagreement between the 
two branches of the City Council, if either branch 
shall request a conf rence, and appoint a commit- 
tee of conference, and the other branch shall also 
appoint such a committee, both committees shall, 
at an hour to be agreed upon by their chairmen, 
meet and state to each other, verbally or in writ- 
ing, as either shall choose, the reasons for the 
action of their respective branches in relation to 
the matter in controversy, shall confer freely 
thereon, and shall report to their respective 
branches. 

Reports of CommlUees. 

9. No report of a joint committee shall be re- 
ceived by either branch ot the City Council unless 
agreed to by such committee at a duly notified 
meeting tnereof. 

10. The report of every joint committee upon 
any suliject referred to it shall, unless otherwise 
ordered' by the City Council or by the committee, 
be presented to the branch in which the order ot 
reference originated. And it shall be the duty of 
every joint committee to which any subject may 
be specially referred, to report thereon within 
four weeks, or to ask for further time. 

11. A.11 reports and other papers submitted to 
the City Council shall be written in a fair hand, 
and no indorsement of any kind shall be made 
on the reports, memorial^, or other papers re- 
ferred to a committee. Every report of a com- 
mittee shall be signed by a member belonging to 
the body to which it shall be presented, unless 
otherwise directed by the committee. 

The Joint Standing Committee on Legislative 
Matters shall report in print to the City'Council 
all bills, resolves, and petitions presented to the 
Legislature in behalf ot the city of Boston, or any 
department thereof. Such printed report shall 
be made at the next meeting of either branch 
after such application is made, or earlier, at the 
discretion ot said committee. 

12. The Clerk of Committees shall, at the re- 
quest of the chairman, make copies of any papers 
to be reported by a committee. 

Ordinances, Orders and Jiesolulions. 

13. If any ordinance, order or resolution, origi- 
nating in one branch, is rejected in the other, 
notice shall be given by the clerk to the branch 
in which the same originated. 

The adoption of a substitute shall be deemed a 
rejection ot the original order, and notice as 
above shall be given. 

14. All by-laws passed by the City Council shall 
be termea "Ordinances," and the enacting style 
shall be "Be it ordained by the Aldermen and 
Common Council of the City of Boston in City 
Council assembled." No order or vote which, if 
passed, would have the effect to amend, suspend, 
or repeal an ordinance, shall be entertained in 
either branch of the City Council, unless it is in 
the form of an ordinance. 

15. In all votes, when either or both branches 
of the City Council express anything by way of 
command, the fortii of expression shall be "Or- 
dered"; and when either or both branches ex- 
press opinions, principles, facts, or purposes the 
form shall be "Resolved." 

Appropriations and Expenditures. 

16. In the present and every future financial 
year the specific appropriation for the several ob- 
jects enumerated in the general appropriation or- 
der shall be deemed and taken to be the maximum 
amount to be expended by the several commit- 
tees, boards and officers having the charge there- 
of, for the entire financial year, and sha,ll be 
expended with a proper regard thereto. When- 
ever the amounts designated and appropriated as 
aforesaid have been expended, and an additional 
sum is required, or whenever the estimates for 
the completion of any object, or for any purpose, 
exceed the appropriation specially made therefor, 
or whenever an expenditure is required for an 
object, or a purpose, not contemplated at the lime 
the appropriation was made, the committee, 
board or officer having charge thereof shall fur- 
nish t,o the City Council a detailed statement in 
print of the expenditures already made, and the 
necessity for an additional appropriation; and no 
contract shall be made, nor expenditure author- 
ized, in either case, unless provision for the same 



shall be made by special transfer from some of 
the appropriations contained in the general ap- 
propriation bill, or by loan. 

17. When application shall be made for an 
additional appropriation, to be provided for by 
transferor loan, such appropriation shall not be 
made until the application has been leferred to, 
and reported upon by, the Committee on Finance. 

18. No order authorizing the borrowing of 
money, or the transfer of one appropriation or 
part of an appropriation to another appropria- 
tion, shall be passed, unless two thirds of the 
whole number of the members of each branch of 
the City Council vote in the nffirmative by vote 
taken by yea and nay. 

19. No presiding officer of a board, or chair- 
man of a committee, unless duly authorized by 
such hoard or committee, shall approve any bill 
or account against the city. 

20. No bills for carriages furnished to any mem- 
ber of the City Government shall be paid unless 
such bills shall specify in detail the names of the 
member.s to whom such carriages were furnished, 
the dates of furnishing the same, and shall be ap- 
proved by the presiding officer of a board, or 
chairman of a committee, duly authorized there- 
to. The presiding officer of aboard, or chairman 
of a committee, snail not approve any bill for re- 
freshments furnished on any day other than the 
day of meeting of such board or committee, or 
any bill for refreshments which includes among 
its items liquors, or any bill for refreshments fur- 
nished to any person not a member of such 
board or committee, unless specially authorized 
to do so by vote of such board or committee. 

Such bills, when so approved, stall be paid from 
the appropriation to which they are incident; and 
the Auditor of Accounts shall not pass any such 
bill tor the approval of the Committen on Ac- 
counts, unless it has been approved as provided 
in this or the preceding section. 

21. All carriages lurnished to members of the 
City Government shall, whenever practicable, be 
ordered through the City Messenger, aud when 
not so ordered, the person who orders them shall 
forthwith give notice thereof to the City Messen- 
ger; and in all cases the party who furnishes a 
carriage shall, within seven days thereafter, re- 
turn to the City Messenger a detailed statement 
of the names of the persons who used the same, 
and of the time during which and the purpose for 
which it was used. 

22. All bills for refreshments or carriages in- 
curred more than three months previous to the 
date of their presentation to the Auditor shall go 
before the City Council for approval. 

23. The foregoing rules shall not be altered, 
amended, suspended or repealed at any time, 
except by the votes of two thirds of the members 
of each branch of the City Council. 

The report was accepted, and the question came 
on giving the order a second reading. 

Mr. Coe of Ward 23—1 make the same motion in 
regard to this order that I did in the other case — 
that they be specially assigned to next Thursday 
evening at a quarter before eight o'clock. I pre- 
sume they can all be taken up together, or seri- 
atim. 

The motion to assign prevailed. 

NOMINATION OF A COMMITTEE ON ACCOUNTS. 

Mr. Sawyer of Ward 25 submitted a report from 
the special committee to nominate a Standing 
Committee on Accounts on the part of the Com- 
mon Council, recommendine the election of Roger 
Wolcott, John A. Kinney, Henry N. Sawyer, John 
Taylor, George H. Lovering. 

The report was accepted." 

An election occurred subsequently. 

SURVEY AND INSPECnON OF BUILDINGS. 

Mr. Barry of Ward 22 offered the following: 
An Ordinance 
To amend An ordinance it. relation to the survey 

and inspection of buildings. 
Be it ordained, etc., 

Section 1. Section 23 of the ordinance in rela- 
tion to the survey and inspection of buildings is 
hereby amended by adding after the word "city," 
in the 27th line on page 139 of the edition of stat- 
utes aud ordinances for 1876, the words, "unless 
otherwise directed by the Inspector of Build- 
ings." 

Mr. Barry moved a suspension of the rule, that 
the ordinance might take its second reading at 
this meeting. 

Mr. Wolcott of Ward 11 — This is a new matter 
touching the ordinances, which I suppose is en- 
tirely new to all the members of the Council, or 



J" A N U AR Y 9 



1879 



lO 



nearly all of tliem, and I think it ought to be con- 
sidered by the proper coturulttee before it is 
passed here, and I move its refereuce to the Com- 
mitiee on Ordinauces when appointed. 

Mr. Karry of Ward 22— Hefore that is referred, 
I will state my reasons for moving a suspension 
of the rule. I know it, is tne usual custom to refer 
all such matters to the Committee on Ordiuauces, 
and 1 would not deviate from the usual course, 
were it not an extraordinary case in which injus- 
tice may be done. This is the case of a man who 
is proposing to erect a building in the Highlands. 
The clause of the ordinance affecting this case 
now reads as follows: 

"No wooden building to be used for other pur- 
poses than a dwelling house shall exceed a height 
of tifty-two feet above the sills; and said sills 
shall not be laid below the grade of the street, 
anaj not more than three feet above the grade as 
established by the city." 

Now, sir, ordinarily on level streets, and in cases 
of that kind, the ordinance is a very good one, 
and there could be no appeal from it. But this is 
on a hill where the grade is of a ;ieculiar con- 
struction. This man proceeded to build at a cer- 
tain grade, not knowing and not iutendina: to vio- 
late the law, I would also state that tliere are 
similar violations of the law going on in the same 
respect, and this is the first time that the atten- 
tion of the department has been brought to it. 
According to the Inw as it stands now, the In- 
spector of Buildings has no discretion but to issue 
a notice to the man not to build. In view of the 
lact that it may be a long time before the com- 
mittee will oiganize, and the party interested 
may be put to some unnecessary expense, 
and to give the Inspector of Buildings a chance 
to act upon it by having it passed tonisht, I have 
moved the suspension or the rule. The parties 
objecting to the man building will have a hearing 
before the Committee on Survey and Inspection 
of Buildings. The ordinance as drawn now makes 
it mandatory upon the Inspector of Buildings to 
notify him to lower the grade. The ordinance I 
have presented meets the approbation of the In- 
spector of Buildings, and of all the build- 
ers, and I hope the Inspector will have an oppor- 
tunity to take the case under consideration. I 
hope it will take its final passage tonight. 

Mr. Wolcott— It seems to me to be a very dan- 
gerous thing to attempt to carelessly or so speedi- 
ly as is desired to amend an ordinance with a view, 
apparently, of fitting a single case. It is possible 
that the facts may be as the gentleman states, but 
I see no reason why there should be any more de- 
lay in sending it to the Committee on Ordinances 
than to the Department for the Survey and In- 
spection of Buildings. The Committee on Ordi- 
nances could be called together; they would have 
the Inspector of Buildings before them, and could 
ask bis advice in the matter. It seems to me 
there is no reason why it should not take its reg- 
ular course and go to the Committee on Ordi- 
nances. 

Mr. Barry — As 1 stated before, I acknowledge 
that it is the usual custom, but if it is referred to 
the committee they will have no more knowledge 
tnan they have now, which I bave given to the 
Council. The committee can draft an ordinance, 
but it takes a company of builders to say what 
the substance of the ordinance should be. I have 
submitted this matter to the Inspector of Build- 
ings, and he thinks he should have discretionary- 
power. In view of the fact that the man intend- 
ed to commit no violation of the law, and as a 
case of clemency and justice, and to avoid delay, 
I ask that the ordinance be put upon its final pas- 
sage tonight. 

Mr. Plimpton of Ward 21— Section 21 of the 
ordinance in relation to the survey and inspec- 
tion of buildings reads as follows: 

"No wooden building to be usea for the pur- 
poses of a dwelling house shall exceed a height of 
forty-two feet above the sills; and said sills shall 
not be laid below the grade of the street and not 
more than three feet above the grade, as estab- 
lished by the c ty." 

1 am familiar with this particular locality. It is 
a house proposed to be built on a bank eight or 
nine feet above the sidewalk, and it is proposed to 
put it close to the street. All the other buildings 
are set back twenty to twenty-five feet from the 
street. Of course a man has a right to build on 
whatever part of his lot he chooses, whether close 
to the street or farther back than the other 
houses, as there are no restrictions upon this lot 
that I am aware of. But I suppose this ordinance 
was framed tor a particular purpose, and I sup- 



pose it is to prevent buildings from being placed 
in such a position as to damage other property. 
If this house is put up there it will damage the 
other property very much indeed. Tne other houses 
are valuable, nice houses, and there is a brick 
block of two houses standing next to it. The man 
who built that block was obliged to grade his land 
down to the height provided by the ordinance. I 
see no reason why tbis man should be allowed to 
perch this house up there and disfigure the whole 
street, particularly as it is prohibited by the ordi- 
nance, and why it is proposed to repeal the ordi- 
nance in this hurried manner I do not understand. 
I hope such action will not be taken. 

The President— The Chair begs leave to call the 
attention of the Council to the tact that this dis- 
cussion is not in order. Under the rule the ordi- 
nance will lie over for one week, and Mr. Barry 
has moved a suspension of the rule, with the 
usual intent to move that the or inance take its 
second reading tbis evening. The Chair is of the 
opinion that the discussion has taken too wide a 
range. The first question is whether the Council 
will allow a suspension of the rule and give an op- 
portunity to have the ordinance considered. 

Mr. Barry — Although I intend to abide by the 
decision of the Chair, yet I think I am speaking 
to the question. The gentleman has deviated 
fron> the question. The profile of the locality is 
here, and unless the Chair rules that I am out of 
order I woula like to have a little latitude to en- 
able me to state the reasons why the rule should 
be suspended and the ordinance take its second 
reading tonight. I am not here to infringe upon 
anybody's rights. If the Chair will allow me an 
opportunity to illustrate by tbe profile, I should 
be happy to do so. 

The President — If no objection is made, the dis- 
cussion having taken so wide a range, I will allow 
Mr. Barry to make one explanation, and will then 
enforce the rule. 

Mr. Barry took a position near a map on the 
wall, and pointed out the location of the house in 
question and those near it, saying in substance as 
follows : I want to correct some errors of the gen- 
tleman who last spoke upon the question. He has 
said that all the houses adjoining bave fallen 
back from the street. On those lots there were 
restrictions and on this particular lot there are 
none. To show the fairness of this man he agreed 
to fall back twenty-three feet, while one house is 
seven feet above grade, and another five feet ten, 
and another twenty-five. It is proposed to build 
this house ten feet ten inches above grade. If he 
is compelled to come down to the grade required 
by the ordinance he has to blast through the rock 
and build a retaining wall; and on three sides 
of the house he will have no light or ven tila 
tion unless on the front of the building. If his 
neighbors have been permitted to build at any 
height they saw fit, I think he should have the 
same privilege. Why I want to have it referred 
to the Department for the Survey and Inspection 
of Buildings is to determine whether be should 
go down to three feet or to eleven feet ten inches. 
It is to De a dwelling house and a very nice one. 

The motien to suspend the rule was lost. 

Later in the session, on motion of Mr. Wolcott, 
the rule was suspended, and the ordinance was 
referred to the Joint Committee on Ordinauces, 
Mr. Wolcott stating that he had conferred with 
Mr. Barry and believed that It might be a case 
where injustice might be done by too much delay. 
Sent up. ' * 

ELECTION OF A FINANCE COMMITTEE. 

On motion of Mr. Sibley of Ward 5, the Council 
proceeded to the consideration of the special as- 
signment for eight o'clock, viz., election of a 
Standing Committee on Finance on the part of the 
Common Council. 

Committee- Messrs. Sibley of Ward 5, Doherty 
of Ward 2 and Ward of Ward 21. 

Whole number of votes 70 

Necessary to a cholca 38 

John F. Locke 67 

Henry F. Coe 70 

John A. Sawyer 61 

John P. Brawiey 64 

Francis J. Ward 70 

Paul H. Kendricken 68 

Thomas N. Hart 70 

George H, Wyman 1 

Nathan Sawyer 1 

Joseph Heaiy 1 

And the first six named gentlemen were de- 
clared elected. 
Certificate sent up. 



11 



COMMON OOUNOIL 



ELECTION OF A COMMITTEE ON ACCOUNTS. 

On tuotioD of Mr. Mc(Tarag:le of Ward 8, the 
rule was suspended, aud ihe Council proceeded to 
the consideration ot the special assigninent for 
quarter-past eight o'clock, viz., election of a 
Joint Comoiittee on Accounts on the part ot the 
Council. 

Committee— Messrs. Colbv of Ward 18, Sawyer 
of Ward 24, and Bany of Ward 22. 

Mr. Sawyer declined, on the ground that he was 
a candidate, and Mr. Howard ot Ward 4 was ap- 
pointed in bis place. 

Whole number of votes 68 

Necessary to a choice 35 

Roger Woleott 64 

.John A. Kidney 68 

Henry N. Sawyer 65 

John Tavlor 67 

George rt. Lovering 63 

Nathaniel .J. Bust 4 

And the nominees of the committee were de- 
clared elected. 
Certificate sent up. 

PETITIONS. 

The President announced the receipt of peti- 
tions as follows: 

From a number of citizens, praying for an in- 
vestigation into the manner of employing laborers 
on public works. 

The President— There being no joint or standing 
committee, apparently, on the sul>ject, if there is 
no objection the Chair will refer the petition to 
the Committee on Improved Sewerage, when ap- 
pointed, they having control of the greatest num- 
ber of laborers. 

Petition for the abolition of the contract sys- 
tem. Referred to the Committee on Ordinances, 
when appointed. 

Petition against the retention of Charles Harris 
as Superintendent of Streets. Referred to the 
committee to nominate a Superintendent of 
Streets, to be appointed. 

Mr. Buuten ot Ward 8 presented the petition of 
Bernard Loesie, to be compensated for injuries 
sustained while employed by the city. Referred to 
the Committee on Claims, to be appointed. Sent 
up. 

BILLS TO BE ALLOWED. 

Mr. Brawley of Ward 19 oflered an order— That 
all bills tor retreshments or carriage hire incurred 
by the Common Council, the standing committees 
of the Common Council not having coarge of any 
appiopriation, or individual members of the 
Common Council while engaged in the discharge 
of official duty, aud after having been approved 
by the committee or certified to by the members 
wno incurred the same, the President «f the Com- 
mon Council is authorized to approve the same as 
provided in the annual appropriation order under 
the head of Contingent Fund ot the Common 
Council, aud the Auditor of Accounts is author- 
ized to allow the same for payment; provided 
that no bill shell be approved by the President 
unless it shall be presented to him tor approval 
before the end ot the mouth next succeeding that 
within which the expense covered by such bill 
was incurred. 

Specially assigned to the next meeting at eight 
o'clock, to be considered in couneci.ion wit'i the 
rules and orders of the Common Council. Mr. 
Brawley said he thought it was the same order as 
was passed last year. 

* VACANT LAND AND UNOCCUPIED BUILDINGS. 

Mr. Lauten of Ward 14 offered an order — t'hSt 
the Superintendent of Streets be and hereby is au- 
thorized and requested to keep all sidewalks ad- 
joining vacant land and unoccupied buildins^s 
free of ice and snow. 

Mr. Lauten— I offer this order because I am in- 
formed by the police that they are unable to as- 
certain the ownership of many vacant lots and 
unoccupied buildings, and consequently the side- 
walks are in a dangerous condition in many sec- 
tions ot the city. There seems to be considerable 
difficulty in finding out wno the real owners are 
who should clear off the sidewalks. I don't know 
whether this order is correctly drawn or not, and 
I move that it be referred to the Committee on 
Ordinances. I hope they will report some action 
to be taken as soon as possible. 

The order was referred to the Committee on 
Ordinances to be appointed. Sent up. 

TREATMENT OF THE POOB. 

Mr. Devlin of Ward 13 offered an order — That a 
joint special committee consisting of five mem- 
bers of this hoard, with such as the Board of 



Aldermen may join , be appointed to resume the 
consideration ot the report o£ the commissioners 
on the treatment of the poor. 

The order was read twice and passed, and the 
President said he would announce the committee 
subsequently. 

EAST BOSTON FERRY TOLLS. 

Mr. Shepard of Ward 1 offered an order— That 
his Honor the Mayor be requested to petition the 
General Court for the passage of an act giving to 
the Board of Aldermen of the city of Boston the 
right at all times to levy and collect such rates of 
tolls upon the East Boston ferries as they shall 
judge expedient, and at any time when they shall 
deem it best to maintain aud operate said ferries 
free ot all tolls. 

The order was passed to & second reading, read 
a second time and put upon its passage. 

Mr. Lauten of Ward 14 moved to specially as- 
sign the order to the next meeting at nine o'clock 
for further consideration. 

Mr. Shepard of Ward 1— It there is any special 
reason for the assignment until the following 
meeting, I will not oppose it. I do not desire that 
any measure of importance shall be put through 
this Council in a hurry with my assistance and 
without an opportunity tor its full consideration. 
But I will ask the members to bear in mind that 
the time in which we can present petitions to the 
General Court is limited, and it has been made 
still shorter this year than it was last. If we are 
delayed in this body by an assignment until the 
next meeting, and there should be a debate and 
It should be put over again, ana it should go to 
the Board ot Aldermen and take the same course, 
we should not be able to get it into the Legisla- 
ture without a suspension of the rule, which will 
require a tuur-titths vote after the 5th of February. 
Therefore 1 think there is no harm in passing an 
order to petition for power to regulate the ferries 
as we see fit, and I hope the assignment will not 
be made. 

Mr. Woleott of Ward 11— It occurs to me that 
the possible danger of repeated deiaj s until after 
the 5th of February is not to be considered in 
comparison with the danger and risk we run in 
passing the order hastily. It is an important and 
large question. It seems to me a postponement 
for a single week is not dange.'ous when we have 
so long a time to act upon it and get it to the 
Legislature. 

The order was specially assigned to next Thurs- 
day at 9 o'clock P. M. 

SKATING ON PtTBLIC GARDEN POND. 

Mr. Plimpton of Ward 21 offered an order- 
That the Committee on Common and Squares be 
requested to keep the surtace of the ice on the 
pond in the Public Garden in good condition for 
skating, whenever the weather permits, by caus- 
ing it to be kept clear of snow or by flooding it 
at suitable times, or by any other practicable 
means. 

Mr. Plimpton — I offered an order similar to that 
at the last meeting of the Council in 1878, but It 
was so late that it was referred Jto this Govern- 
ment. I now offer it again, thinking it the best 
way to get at it. I was in the vicinity ot the pond 
a short time since and saw a large number skat- 
ing, and it might have been good skating it the 
pond had been smooth; but now the pond is cov- 
ered with snow, and the skatina; is gone alto- 
gether. The amount to be expended will be- tor 
labor, will render a great deal of enjoyment to 
many, and will make the place an attractive one. 
I hope the order will pass. 

The order was read a second time and passed. 

COMMITTEES. 

The President announced the appointment of 
the following committees: 

Nominating Committees. 

Overseers of Poor— Sawyer, Ward 25; Howard, 
Ward 4; Costello, Ward 22. 

Superintendents ol Bridges— Wy man, 21; Can- 
non, 15; Christal, 8. 

Clerk of Committees— Kendricken, 20; Perkins, 
17; O'Bowd, 6. 

Superintendent of Common— Rosnosky, 16; Mul- 
lane, 12; McGaragle, 8. 

Superintendent of Streets— Kelly, 7; O'Brien, 13; 
Rosnosky, 16. 

Superintendent of Public Buildings— Brawley, 
19; Murphy, 20; Pray, 5. 

Superintendent of Public Lands— Stearns, 24; 
Hilton, 5; Austin, 11. 

City Architect— Denny, 12; Devine, 20; Brint- 
nall, 3. 



JAiyUABY 9. 1879 



12 



Superintendent of Sewers— Kidney, 6 : DoUerty, 
7; Ward, 21. 

City Messenger— Mowry, 11 ; Brown, 23; Shep- 
ard, 1. 

City Engineer— Nason, 17; Rust, 10; Parkman, 9. 

City Surveyor— McGahey, 7; Furlong, 13; Bun- 
ten, 8. 

City Registrar— J. J. Doherty, 2; Sawyer, 18; 
Blakemore, 23. 

Comoiissioner ol Cedar Grove Cemetery— Dud- 
ley, 4; Fisher, 24; Hilton, 5. 

Directors of Public Institutions— Wolcott, 11; 
Maguire, 19; Howker, 16. 

Directors ot East Boston Ferries— WooUey, 1; 
IMcGaragle, 8; Sibley, 5. 

Trustees of City Hospital— Taylor, IC; Devlin, 
13; Lauten, 14. 

Trustees of Public Library— Colby, 18; Healy, 
10; Howard, 4. 

Trustees of Mt. Hope Cemetery— Brawley, 19; 
Cavanagh, 15; Devine, 20. 

Commissioner of Sinking Fund — Plimpton, 21; 
Hart, 18; Coe, 23. 

Auditor of Accounts — Sweeney, 2; McLaughlin, 
6; Sweetser, 3. 

City Treasurer — Sawyer, 24; Mowry, 11; Hayes, 3. 

City Collector— Morgan, 15; Barry, 22; Morri- 
son, 17. 

City Solicitor— Locke, 14; Sawyer, 25; Wheeler, 
10. 

Weighers and Inspectors ot Lighters— Clapp, 14: 
C. F. Doherty, 2; Anthony, 19. 

Water Registrar— Loveriug, 4; Greenough, 9; 
Perkins, 17. 

Joint Standing and Special Committees. 

Assessors' Department— Kidney, Ward 6; Tay- 
lor, Ward 16; Locke, Ward 14; Maguire, Ward 19; 
Wyman, Ward 21. 

Claims— Brawley, 19; Devlin, 13; Bunten, 8; Do- 
herty,?; Shepard, 1. 

Common— MuUane, 12; Rosnosky, 16; Lovering, 
4; Sibley, 5; Sweetser, 3. 

Engineer's Department— Furlong, 13; Austin, 
11 ; 1 isher, 24. 

Registrar'sDepartment- Sawyer,18; Blakemore, 
23: Hart, 18. 



Ferries— McGahey, 7; J. J. Doherty, 2; Christal, 
8; Woolley, 1; Cavanagh, 15. 

Fire Dppariment— Bowker, 16; Bunten, 8; Mor- 
rison, 17. 

Fuel— Greenough, 9; O'Brien, 13; Wheeler, 10. 

Harbor— Doherty, 7; Hayes, 3; Clapp, 14. 

Health Department— Taylor, 16: J. J. Doherty, 
2; Prav, 6. 

City Hospital— Lovering, 4; Perkins, 17; Clapp, 
14. 

Mt. Hope and Cedar Grove Cemetery— Sawyer, 
24; Healy, 10; Plimptou, 21. 

Overseers of Poor— McLaughlin, 6; Parkman, 9; 
Coe, 23. 

Printing— Sweeney, 2; Morgan, 15; Lauten, 14. 

Bathing— Devlin, 13, Rosnosky, 16; Kelly, 7; C. 
F. Doherty, 2; Morgan, 16. 

Public Buildings— Barry, 22; Brintnall, 3; Mc- 
Garagle, 8; Kendricken, 20; Rust, 10. 

Public Institutions- Woolley, 1; Sawyer, 18; 
Brown, 23; Doherty, 7; Kendricken, 20. 

Public Instruction — Wolcott, 11, Rust, 10; 
O'Brien, 13; Cannon, 15. 

Public Lands— Nason, 17; Costello, 22; Sawyer, 
24. 

Public Library— Coe, 23; Mowry, 11; Nason, 17; 
Plimpton, 21; Wheeler, 10. 

Salaries— Bowker, 16; Sawyer, 25; Hilton, 5. 

Streets- Sawyer, 25; MuUane, 12; Cavanagh, 15; 
O'Dowd, 6; Howard, 4. 

City Surveyor's Department — Sibley, 5; Han- 
cock, 1; Christal, 8. 

Survey and Inspection of Buildings— McGaragle, 
8; Colby, 18; Anthony, 19. 

Treasury Department— Wyman, 21; Stearns, 24; 
Devine, 20. 

Water— Devlin, 13: Bowker, 16; Brintnall, 3. 

Public Parks— Ward , 21 ; Furlong, 13 ; Parkman, 9. 

Improved Sewerage— Rosnosky, 16; Denny, 12; 
Brawley, 19; Sweeney, 2; Mowry, 11. 

Stony Broojj— Brown, 23; Taylor, 16; Ward, 21; 
Murphy, 20; Barry, 22. 

standing Commitlee of the Council. 

Paving— Swift, 9; Healy, 10; Dudley, 4; Mc- 
Laughlin, 6; Hart, 18. 

Adjourned, on motion of Mr. Rosnosky of Ward 
16. 



13 



BOARD OF A1-.JJERJMEN 



€ITY OF BOSTON, 



Proceedings of the Board of Aldermen, 

JANUARY 13, 1879. 



Regular meeting at four o'clock P. M., Alder- 
man O'Brien, Chairman, presiding. 

RULES AKD ORDEES OF THE BOARD. 

Alderman Viles submitted the following: 

The special committee appinted to examine and 
report whether any changes are needed in the 
rules and orders of the Board of Aldermen, having 
considered the subject, respectfully recommend 
that section 23 be amended by striking out the 
word "police," and that the rules be adopted as 
amended. The committee respectfully recom- 
mend the passage of the following order: 

Ordered, That itoe rules and orders of the Board 
of Aldermen for 1878 be adopted for the govern- 
ment of this Board, with this amendment: In 
the twenty-third section strike out the word 
"police." 

Alderman Viles — The only change we recom- 
mend is to strike out the provision tor a standing 
committee of this Board on police. It is now a 
joint committee. 

The order was passed. 

MAYOR'S CLERK. 

A communication was received from the Mayor, 
giving notice of the apointment of George F. 
Babbitt as Mayor's clerk. Sent down. 

COMMITTEES. 

The Chairman said the Mayor presented the 
following committees : 

Standing Committees of the Board. 

Armories— Aldermen Flynn, Siade, O'Brien. 

Bridges— Aldermen O'Brien, Kelly, Pope. 

County Accounts— AldercQcn Hayden, Tucker, 
Bell. 

Faneuil Hall and County Buildings— Aldermen 
Kelly, Slade, O'Brien. 

Lamps— Aldermen O'Brien, Breck, Tucker. 

Licenses — Aldermen Flynn, Kreck, Robinsou. 

Markets— Aldermen Slade, Viles, Keil. 

Paving— Aldermen Slade, Breck, Flynn. 

Sewers — Aldermen Viles, O'Brien, Hayden. 

Steam Engines, etc.— Aldermen Pope, Tucker, 
Bell. 

Streets— Aldermen, Flynn, Yiles, Stebbins. 
Joint atanding Committees. 

Assessors' Department— Aldermen Hayden, 
Breck, Bell. 

Bathing- Aldermen Flynn, O'Brien, Kelly. 

Claims — Alaermen Stebbins, Breck, Tucker. 

Common, etc.— Aldermen O'Brien, Flynn, 
Breck. 

East Boston Ferries— Aldermen Viles, Kelly, 
Robinson. 

Engineer's Department— Aldermen Robinson, 
Stebbins. 

Fire Department — Aldermen Hayden, Robin- 
son. 

Fuel— Aldermen Pope, Tucker. 

Harbor — Aldermen Bell, Stebbins. 

Health — Aldermen Bell, Pope. 

City Hospital — Aldermen Slade, Breck, 

Public Institutions— Aldermen O'Brien, Slade, 
Flynn. 

Leaislative Matters — Aldermen Stebbins, 
O'Brien. 

Mt. Hope and Cedar Grove Cemetery— Alder- 
men Pope, Tucker. 

Ordinances — Aldermen Breck, Pope, Hayden, 

Overseers of the Poor— Aldermen Bell, Robin- 
son. 

Police — Aldermen Viles, Robinson. 

Public Buildings — Aldermen Kelly, Slade, 
O'Brien. 

Public Instruction — Aldermen Hayden, Tucker, 
Bell. 

Public Lands — Aldermen O'Brien, Robinson. 

Printing — Aldermen O'Brien, Viles. 

Public Library— Aldermen Tucker, Slade, Steb • 
bins. 

City Registrar's Department— Aldermen Viles, 
Tucker. 

Salaries— Aldermen Kelly, Slade, Pope. 

Streets — Aldermen Flynn, Viles, Stebbins. 

Surveyor's Department— Aldermen Bell, Robin- 
son. 



Survey and Inspection of Buildings— Aldermen 
Viles, Pope. 

Treasury Department— Aldermen Hayden, Steb- 
bins. 

Water— Aldermen Robinson, Tucker. 

Joint Special Com,mittees. 

Improved Sewerage— Aldermen Slade, Stebbins, 
Kelly. 

Public Parks— Aldermen Breck, O'Brien. 

Stony Brook — Aldermen Robinson, Viles, 
O'Brien. 

dominating Comm,ittees. 

Overseers of Poor— Aldermen Tucker, Flynn. 

Superintendents of Bridges— Aldermen Kelly, 
Bell. 

Clerk of Committees— Aldermen Pope, Hayden. 

Superintendent of Common— Aldermen Slade, 
Breck. 

Superintendent of Streets — Aldermen Breck, 
Kelly. 

Superintendent of Public Buildings— Aldermen 
Kelly, Bell. 

Superintendent of Public Lands — Aldermen 
Stebbins, Pope. 

City Architect— Aldermen Slade, Bell. 

Superintendent of Sewers — Aldermen Viles, 
Hayden. 

City Messenger— Aldermen Stebbins, Viles. 

City Engineer— Aldermen Robinson, Stebbins. 

City Surveyor — Aldermen Pope, Bell. 

City Registrar— Aldermen Viles, Stebbins. 

City Solicitor — Aldermen Hayden, Tucker. 

Water Registrar — Aldermen Breck, Kelly. 

Commissioners Cedar Grove Cemetery — Alder- 
men Hayden, Pope. 

Directors of Public Institutions — Aldermen 
Bell, Flynn. 

Directors of East Boston Ferries — Aldermen 
Kelly, Breck. 

Trustees of City Hospital- Aldermen Flynn, 
Slade. 

Trustees of Public Library— Aldermen Tucker, 
Stebbins. 

Trustees of Mt. Hope Cemeterv— Aldermen Kel- 
ly, Flynn. 

Commissioner of Sinking Funds — Aldermen 
Robinson, Viles. 

Auditor of Accounts— Aldermen Breck, Robin- 
son. 

City Treasurer— Aldermen Robinson, Tucker. 

City Collector— Aldermen Hayden, Slade. 

Weighers and Inspectors of Lighters — Alder- 
men Pope, Viles. 

PETITIONS REFERRED. 

To the Committee on Lamps. H. W. Putnam, 
for lamps on Highland street. 

To the Committee on Finance. Request of the 
Board of Health for a transfer of $500 from the 
appropriation for Burial Grounds to that for 
Evergreen Cemetery. 

To the Comrnittee on Bridges. Joseph Stone et 
al., that Henry Rooks be appointed master me- 
ehauic of bridges. 

To the Committee on Health on the part of the 
Board. Petitions for leave to occupy stables- 
Michael Connolly, new wooden, six horses, on 
private way from Tenean street. Ward 24; Patrick 
Grace, old shed for seven horses, on Union street. 
Ward 25; George H. Lathrop, old weoden build- 
ing for one horse, on School street, rear 233 Main 
street, Ward 5, 

To the Joint Committee on Claims. Petition 
of Charles Burrill, that he has endeavored by ev- 
ery means in his power to obtain a just and equi- 
table settlement of his claim for services ren- 
dered and money expended in securing credits to 
the quota of the city of Boston in 1864, until the 
present time. That in 1870 an order was passed 
by the City Council and approved by the Mayor 
which was accepted as a compromise by all the 
parties concerned. 

Copy of the order passed by the City Council 
and approved by the Mayor, September 12, 1870: 

"Ordered, That there be allowed and paid to 
Henry W. Paine, as assignee of Charles Burrill, 
the sum of forty thousand dollars in full settle- 
ment of all claims against the city, and all per- 
sons acting personally or in behalf of the city in 
this matter, for services rendered and money ex- 
pended by said Burrill in procuring credits upon 
the quota of the city in 1864; and that the same be 
charged to the fund appropriated for Incidental 
Expenses; provided that such receipts and dis- 
eharges shall be executed both by said Burrill 



J A JSr Ij A R Y 13 



187 9 



14 



and by said Paine as shall be satisfactory to liia 
Honor the Mayor and the City Solicitor. 

City of Boston, April 5, 1876. 

A true copy. Attest, John T. Priest, 

Assistant City Clerk." 

That payment of said order havinp; been refused 
by the Auditor, the undersigned brought a suit for 
the same in the Supreme Judicial Court, September 
term, 1876, and said court by a recent decision in 
the case has decided in eflecc that said order is 
not in the proper form upon which an action can 
be maintained. The undersigned, therefore, re- 
spectfully requests your honorable body to take 
such action as will render said order valid, ratify- 
ing and confirming the same, according to the 
evident intention of the City Government at the 
time of it.i passage; or, if the City Council will 
consent, the undersigned would gladly ignore any 
further actiou on the aforesaid order, and have 
his original claim for a just and equitable com- 
pensation for his services in behalf of the city 
submitted to the arbitration of three disinterested 
citizens of Boston, to be selected and appointed 
by his Honor the Mayor, the award and decision 
of said arbitrators to be final, and binding upon 
the city of Boston and the undersigned. 

Catharine Roberts, to be compensated for inju- 
ries received by a fall on a defective sidewalk on 
Sullivan square, CharlestowD. 

To the Committee on Ordinances. Edward A. 
Rand ec aZ., that coasting be allowed on Linden 
street, South Boston. 

To the Joint Committee on Survey and Inspec- 
tion of Buildings. F. E. Ham, for leave to erect 
a wooden building situated on Mercantile street. 

To tiie Com.mvttee on Legislative Matters. 
Lawrence D, Welby et al., for a public hearing in 
relation to alleged corrupt and illegal practices at 
primary meetings, to the end that legislation 
upon the matter may be asked for. 

To the Committee on Sewers. B. F. Bean, that 
the sewer in Woodward avenue be rebuilt. 

To the Committee on Paving. Martha E. Lan- 
nan, tor abatement of sidewalk assessment on 
Stevens street; George A. Shaw, A. H. Rice, M. 
P. Wilder and iifty-nine others, that a suitable 
grade be established on a portion of Blue Hill 
•avenue, near Grove Hall. 

PAPERS FROM THE COMMON COUNCIL. 

Order requesting the Mayor to furnish a copy 
of his address for publication. Passed in con- 
currence. 

Order for annual reports of city officers and 
boards to be made in print. Passed in concur- 
rence. 

Order for joint standing committees to resume 
the unfinished business of last year. Passed in 
concurrence. 

Order for the preparation and publication of 
the Municipal Register. Passed in concurrence. 

Orders for special committees came down and 
■were concurred in as follows : 

On disposition of topics in Mayor's address (two 
Aldermen). 

On Public Parks (two Aldermen). 

On Improved Sewerage (three Aldermen). 

On Stony Brook Improvement (three Alder- 
men). 

Aldermen Stebbins and Tucker ware joined to 
the ComLbittee on the Mayor's Address. " 

Order for special nominating committees were 
concurred in as follows : 

Overseers of the Poor, Superintendent of 
Bridges, Clerk of Committees, Superintendent of 
Common, etc.. Superintendent of Streets, Super- 
intendent of Public Buildings, Superintendent 
ofJIJPublic Lands, City Architect, Superintendent 
of Sewers, City Messenger, City Engineer, City 
Surveyor, City Registrar, City Solicitor, "Water 
Registrar, Commissioners of Cedar Grove Ceme- 
tery, Directors for Public Institutions, Directors 
of East Boston Ferries, Trustees of City Hos- 
pital, Trustees of Public Library, Trustees of Mt. 
Hope Cemetery ,CommiS8iOQers on Sinking Funds, 
Auditor of Accounts, City Treasurer, City Collec- 
tor, Weighers and Inspectors of Lighters. 

Orders came up for the appointment of the 
several joint standing committees, and were con- 
curred in. 

Petitions were referred in concurrence. 

Report of Police Commissioners for December, 
1878; report of Fire Commissioners for December, 
1878. Severally placed on tile. 

Order for Superintendent of Streets to keep 
sidewalks of vacant lands and unoccupied build- 
ings free from ice and snow. Referred to Com- 
mittee on Ordinances in concurrence. 



Order for Committee on Common, etc., to con- 
sider the expediency of keeping the ice on the 
Public Garden Pond clear of snow and in good 
order tor skuting. Passed in concurrence. 

Ordinance to amend ordinance in relation to the 
survey, etc., of buildings. Referred to the Com- 
mittee on Ordinances ia concurrence. 

Auditor's Monthly Exhibit for Jan. 1, 1879 (City 
Doc. 4), and annual report of Sealer of Weights 
and Measures (City Doc. 3). Placed on file. 

Notices of election of Committee on Finance. 
Placed on file. 

PUBLIC INSTITUTIONS. 

A report was received from the Directors for 
Public Institutions giving the following as the ex- 
penditures for the various institutions for the 
quarter ending Dec. 31, 1878: 

House of Industry $46,975.59 

House of Correctiou |19,987.40 

Pauper expenses ^19,7 42. 28 

Lunatic Hospital — . 13,172.96 

Marcella-srreet Home 8,160.93 

Almshouse, Austin Farm 2,859.02 

Steamboat 2,641.50 

Almshouse, Gharlestown 1,948.54 

Office expenses .„. 1,806.33 

Stone-cutting Department, Deer and Rains- 
ford Islands 4,782.79 

Total 8119,987.34 

Sent down. 

LOCATION ACCEPTED. 

A communication was received from the South 
Boston Railroad Company accepting the location 
over Dover-street Bridge to Park square, etc. 
Placed on file. 

BRIDGES. 

Annual reports of superintendents of bridges 
were received , giving the following as the numbers 
of vessels which passed through the draws m 
1878: 

Mt. Wasnington-avenue Bridge 10,257 

Dover-street Bridge 4,745 

Broadway Bridge 4,915 

Chelsea Bridge 1,641 

Federal-street Bridge 6,160 

Cambridge, Western and North Harvard-street 

bridges 1,375 

Warreu Bridge 5,542 

Maiden Bridge 1,004 

Chelsea- street Bridge 2 

Severally sent down. 

WEIGHERS AND LIGHTERS. 

The quarterly report of the Weighers and In- 
spectors of Lighters was received and sent down. 

Received, $545,15; expenses, $18; divided by the 
incumbents, $527.15. 

NORTH SCALES. 

The quarterly report of the Superintendent of 
North Scales was received and sent down. 

Received, $551.05; expenses, $28.18: paid City 
Collector, $220.41. 

PAWNBROKERS AND DEALERS IN SECOND-HAND 
ARTICLES. 

A communication was received from the Police 
Commissioners recommending that the statutes 
in relation to pawnbrokers and dealers in second- 
hand articles be amended as follows: 

1. Making it compulsory upon pawnbrokers to 
keep jewelry, watches, silver ware, musical in- 
struments and all other articles not of a perisha- 
ble nature not less than four months after the 
time for which the articles were pawned, and to 
keep all articles of a perishable nature not less 
than one month after the time for which they 
were pawned. 

2. ITixing the rate of interest to be charged by 
pawnbrokers at not exceeding three per cent, a 
week on all loans under $25, and not exceeding 
two per cent, a week on all loans over $25. 

3. Fixing the fee to be paid into the City 
Treasury for licenses granted to pawnbrokers at 
$10 for each license. 

4. Prohibiting persons licensed to sell second- 
hand clothing from selling the articles unless 
specially authorized by the terms of their licenses. 

The commissioners also recommend that the 
ordinance concerning pawnbrokers and dealers in 
second-hand articles be amended so as to require 
that their places of business shall be closed at 
eight o'clock P. M. in the summer and seven 
o'clock P. M. in the winter, except on Saturdays, 
when said places may be kept open throughout 
the year until ten o'clock P. M. 

Referred to the Committee on Ordinances. Sent 
down. 



15 



JBOARL> OF ALDERMEN 



LAMP DEPARTMENT. 

The annual report ot the Superintendent of 
Lamps (City Doc. 5) was received and sent down. 

It contains a table showing in detail the ex- 
penses of the past municipal year, a table show- 
ing the comparative expenditures for twelve 
years, a table showing the number of lamps and 
conaparative increase during the .same period, to- 
gether with such general information as may be 
of interest. 

The increase in the number of the public lamps 
the past year has been considerably in excess of 
the year previous. 

A large proportion of the new lamps which 
have been located are in the suburban section of 
the city, where oil is used. 

Constant and pressing petitions have been made 
for the location of new lamps in the outlyiog dis- 
tricts, and for the lighting of rear passageways in 
the older section of the city (where they are ae- 
manaed as police necessities), which have been 
generally regarded oy the committee as reason- 
able requests. 

During the year a large number of old wooden 
posts and small lamp supplies have been discon- 
tinued, and iron posts and new and large gas sup- 
plies put in, adding much to the general good con- 
dition of The department. 

There still remain standing about sixty wooden 
posts which have been in use for a number of 
years, and which should be speedily replaced 
with iron. 

The replacing of the old and worn-out small 
gas supplies by new and large pipes must be con- 
tinued to prevent leakage and consequent danger 
to persons and property. 

Electric Light. 

The project of lighting by electricity has, within 
the last year, attracted considerable attention. 

In England and France experiments have been 
and are now making to ascertain if a better and 
less expensive light can be produced than that of 
gas. 

In this city nearly every one has had an oppor- 
tunity of seeing the light as produced by tbeelec- 
tric macnines at the exhibition of the Mechanic 
Charitable Association, and since the close of the 
exhibition, at one of the large stores on Washing- 
ton street. 

Inquiry has been made to ascertain if this 
method of illumination could, with economy, be 
introduced in this city, in the public streets or 
squares. 

The largest electric machine manufactured by 
the "Brush Light Company," which seems to 
have found favor with the public, is capable of 
supplying but sixteen lights, each equal to that 
lately shown on the outside ot the Mechanic 
Charitable Association building, on Park square, 
and on the outside of the building on Washing- 
ton, corner or Harvard street. 

Should sixteen ligbts, which this machine is ca- 
pable of supplying, be located on Charles, Bea- 
con, Arlington, Boylston streets, and within the 
Public Garden, it is probable that the garden 
and adjacent streets would be quite as well light- 
ed as at present. 

The cost ot the electric machine, boiler, engine, 
lamps, posts, wire, etc., and setting, would not be 
less than six thousand dollars, not taking into ac- 
count the building which it would be necessary 
to erect Jor the machinery. 

The cost ot maintaining the lamps, when the 
machinery, etc., is in place, is estimated at twenty- 
seven hundred dollars annually, wij/iowi allow- 
ing anything for depreciation or interest onth^ 
plant. 

As yet the carbon points are not made of suffi- 
cient length to produce a continuous light over 
seven or eight hours; a difficulty which maybe 
overcome. 

The cost of gas, lighting and care of the lamps 
now lighting the locality indicated is twenty- 
seven hundred and fifty dollars. 

The estimated cost of the plant is three thou- 
sard dollars, and the depreciation cannot exceed 
fifty doUi rs per annum. 

It will be noticed that the present mode of 
lighting is considerably less expensive than the 
proposed electric light, although the square might 
be better lighted, and sufficiently so to justify the 
trial. 

There is no other place in this city where any- 
thing like as many gas lamps eould be discon- 
tinaed by the introduction of this same number 
of electric lights, and consequently in any other 



locality the comparison would be mnch less favor- 
able to electric lighting. 

Fublic Parks. 

As stated in the last annual report of the de- 
partment, there are public lamps now located on 
the Common and squares of the city to tke num- 
ber of two hundred and fifty. 

The location of these lamps has been going on 
gradually for many years, under the charge of, 
and at a very considerable expense to, this de- 
partment, at the request of numerous citizens and 
the Police Department, as the public safety 
seemed to demand, and it is fair to presume that 
with the laying out of the new park a greatly in- 
creased demand will be made for public lighting. 

Quite a large number of these" lamps are re- 
moved during the winter season, when the parks 
are little frequented. 

Within the past year but two or three lamps 
have been added to the number upon the parks; 
but a petition for lamps upon the Public Garden 
has received the favorable consideration of the 
Committee on Common and Squares and referred 
to the Committee on Lamps. 

This committee, while recognizing the conven- 
ience of additional light upon the garden, did not 
consider the expenditure absolutely necessary at 
this time, especially in view of the investigations 
and inquiries relative to lighting this ground by 
electricity. 

The annual cost to this department of mainte- 
nance of tne lamps now located on the Common 
and squares of thejcity amounts to nearly $10,000, 
which sbeuld properly be charged to the depart- 
ment having the public parks in charge, as is the 
case in other large cities. 

The attention of the Government is again called 
to the subject of 

Chandelier Posts, or Cluster Lamps. 

This method of lighting of some of the impor- 
tant points of night travel, which, like Scollay'a 
square. Park square and Post Office square, are 
very broad and unsafe for the pedestrian, has 
been adopted with favorable result on some of the 
squares in the city of New York and in many of 
the larger cities of Europe, and is worthy of seri- 
ous consideration. 

When erected in the centre of a circle of eight 
to ten feet in diameter, they will not only afford 
the necessary light for the street, but the circle in 
which they may be placed will afford a safe stand- 
ing place frooQ teams, when alighting from horse 
cars or crossing the street. 

They may, with small expense, be made orna- 
mental as well as useful in our city. 

Cas Jor PubliQ Lighting. 

During the year 1875 a contract was made with 
the Brookline Gas Light Company for supplying 
gas for the public lamps of Brighton and that por- 
tion of the town cf Brookline annexed to Boston. 

The above contract embraces the conditions and 
points now covered by the several agreements 
made with other companies since 1856, except as 
to prices for gas, which is varied from time to 
time, the present prices o£ which will be found 
below. 

Price Paid for Gas for Public Lamps. 



City proper, 


81.90 per thousand cubic feet 


South Boston, 


2.25 " 




East Boston, 


2.25 " 




Roxbury, 


2.25 " 




Dorchester, 


2.75 •' 




Brookline, 


2.75 " 




Brighton, 


2.75 " 




West Koxbury, 


2.75 " 




Chalestown, 


2.25 " 





Koxbury, " 


2.50 


West Roxbury, " 


3.00 


Brookline, " 


3.00 


Brighton, " 


3.00 


Charlestown, " 


2.50 



•In the summer of 1876, at the suggestion of the 
then Committee on Lamps, the following reduc- 
tions were made in the price of gas for the public 
lamps: 
City proper, from jgZ.OSi/s per thousand to j?2.00 

" " " 2!90 

" " " 3.90 

" " " 2 90 

" " 2.40 

Early in the year 1877, at the suggestion of the 
committee, the following reduction in rates was 
made: 

In Koxbury, from $2.45 per thousand to S2.40 

South Boston, " 2.50 " " " 2.40 

East Boston, " 2.50 " " " 2.40 

Dorchester, " 3.00 " " " 2.90 

The result of the above reduction was a saving 
to the city of over sixteen thousand dollars per 
annum. 
Early in the year 1878 the committee deemed it 



JA N U AH Y 13 



1879 



16 



City proper, 


from jS!2.00 


South Boston, 


2.40 


East Boston, 


" 2.40 


Roxbury, 


" 2.40 


Dorchester, 


" 2.90 


Brookline, 


" 2.90 


Brighton, 


2.90 


West Koxbury, 


" 2.90 


Charlestown, 


2.40 



proper that a further reduction in price should be 
made, and the following reductions were agreed 
upon by the .several gas companies: 

usancl to J5S1.90 
2.25 
2.26 
2.25 
2.75 
2.75 
2.75 
2.75 
2.25 

These last reductions aggregate about twenty- 
five thousand dollars per annum. 

Hours of Burning. 

The public lamps are burned every night 
throughout the year,— a total of three thousand 
eight hundred torty-iiine and one-half hours each. 

Qas Burners. 
The burners in use are known as Tufts' Regula- 
tors, by which the consumption is fixed at four 
feet per hour. 

Gas Lanterns. 

All the gas lanterns made for the city are made 
of copper, and all made for the past six years 
have the Schmedlin & DriscoU patent mode of 
placing the names of the streets in them, and an 
arrangement for placing the numbers securely in 
the lantern, which was the invention of the super- 
intendent of the department. 

This patent method of placing the street signs 
appears to be the best in use, more especially 
since the adoption of the acid or sand-blast pro- 
cess of producing the signs on colored glass, which 
makes the letters durable. 

The placing of the numbers in the lanterns is 
being generally extended over the city, and gives 
great satisfaction to the public, being a great con- 
venience both by day and night. 

The advantage of this style of gas lantern for 
use in this city will be fully appreciated by the 
knowledge of the fact that nearly one-balf the 
public lamps stand on the corners of or opposite 
the ends of streets or places, and have the names 
of the streets and places upon them. 

Employis. 

Ihe number of men employed is one hundred 
and thirty-three, as follows : 

One Superintendent, one clerk, 127 lighters, and 
four repairers. 

No deputy superintendents or supernumary 
men are employed. 

The men (one hundred and six in number) who 
light and clean the gas lamps are paid at the fol- 
lowing rates: 

City proper 41 men. 

South Boston 8 " 

East Boston 5 " 

Charlestown 7 " 

one and one-half cents per lamp per night; while in 

Roxbury 20 men. 

Dorchester 13 " 

Brookline 1 man. 

Brighton 5 men. 

West Roxbury 6 " 

are paid at the rate of one dollar and fifty cents per 
day. 

Compensation of the Employed. 

The salary ol the Superintendent is now twen- 
ty-eight hundred dollars, having been reduced in 
1877 from thli ty-three hundred dollars. 

The salary of the clerk is eight hundred dollars, 
having been reduced in 1877 from eight hundred 
and forty dollars. 

The lighters who light the gas lamps by the 
piece have bad their pay reduced during the past 
year from one and three-quarters to one and one- 
half cents per lamp, while those employed by the 
day have been reduced from one dollar and sixty- 
seven cents per day to one dollar and fltty cents 
per day. 

The men employed to light lamps are paid at 
the rate of three cents per lamp per night. 

Nearly all the men that light the oil lamps use 
horses and wagons with which to perform their 
duties, tor which the city pays no extra compen- 
sation. 

The men who light the oil and fluid lamps are 
twenty-one in number, as follows: 

City proper 1 man. 

South Boston , 4 men. 

East Boston 2 " 

Roxbury 1 man. 

Dorchester 6 men. 

West Roxbury 6 " 

Brighton 2 " 



Lamplighters' Duties, etc. 

The lamps are lighted by the use of the torch. 

The duty of these men is to light and put out 
the lamps in their charge, promptly, at the time 
designated ; to keep the lanterns clean at all times, 
and report at this office in writing, promptly, for 
immediate repair, every defect, either of the lan- 
terns or fixtures; to keep the fixtures properly 
cleaned and oiled, the burners in perfect order, 
and the pipes clear from water and irost. In case 
of gas leaks they are required to report immedi- 
ately, in writing, both at this office and to the 
office of Ihe gas company; they are also required 
to make a statement, in writing, on each Monday 
morning, of all the duty performed the previous 
week. 

These men, after performing the duty, have a 
considerable portion ol the time remaining, and 
are allowed to have other employment, provided 
it shall not in any way interfere with any duty 
which may be required of them in this depart- 
ment. 

This privilege is very generally used by the em- 
ployes, ana in this way the city is enabled to pro- 
cure an intelligent and reliable class of men, at a 
much less cost than it could expect to do other- 
wise. 

All men employed to li^hr both gas and fluid 
lamps are supplied with the necessary ladders, 
hooks, cans, etc., etc., bv the city. 

The men employed during the year have been 
generally prompt and faithful, and cases of dis- 
charge for neglect of duty have been v( ry rare. 
Broken Lanterns. 

The number of lanterns which have been re- 
ported by the police as broken the past year 

was 232 

By the lamplighters '. 6,606 

Taken out by repairers without report 749 

Total 7,587 

Against — 

Broken in 1875 8,268 

" 1876 7,444 

" 1877 7,527 

All repairs of the lanterns are done by the de- 
partment at its workshop on Albany street. 

At this shop there are four men permanently 
employed, and two who work at piece work on 
the painiing of lanterns. 

All the cost of men permanently employed, 
piece work, repairing lanterns, painting posts and 
brackets, carting of lanterns, oil and posts, stock 
used in repairing, horsekeeping, etc., are includ- 
ed in the item in the schedule repairing lanterns. 

In addition to the lanterns repaired as above 
there have been 2798 lanterns painted two coats, 
and 1749 iron posts repainted one coat, during the 
year. 

Public Lamps. 

The following table will show the number of 
public lamps in the various sections of the city, 
on the 15th of December, 1878, as compared with 
several previous years: 

1867. 1870. 1875. 1876. 1877. 1878. 

City proper... 3,465 3,621 4.064 4,127 4,169 4,266 

East Boston.. 678 707 792 862 864 876 

South Boston. 873 870 1,032 1,320 1,317 1,332 

Roxbury 642 929 1,461 1,558 1,607 1,656 

Dorchester 474 954 1,239 1,351 1,436 

W. Roxbury 714 916 972 1,063 

Charlestown 675 743 772 824 

Brighton...- 332 524 643 554 

Brookline 69 69 62 62 

Totals 9^658 6,601 10,093 11,358 11,647 12,069 

The aggregate number of public lamps in the 
city of Boston is 12,069— an increase of 422 during 
the pa«t year. 

The Increase of the separate sections of the citv, 
as above, has been as follows in 1878: 

City proper 107 

East Boston 12 

South Boston 15 

Roxbury 49 

Dorchester , , 85 

Brookline 

West Roxbury 91 

Charlestown 52 

Brighton n 

Total 422 

Oil Lamps. 
The petroleum oil (120° fire test) used for light- 
Dgthe public lamps, where gas is not in uae, is 
purchased of the refiner, at the lowest market 
rate, and has fluctuated in price from thirteen to 
ten cents per gallon within the past year. 
The fonts from which it is burned are of a pe- 



17 



BOARD OF ALUERMEN 



culiar shape, adapted to the city use. These 
lamps givegood setisfaction where they are in 
use. The cost of matntenance ol these lamps has 
not exceeded $15.75 each during; the past year, in- 
cluding lighting and care, oil, fonts, chimneys, 
carting, wickiog, etc. 
The Financial Condition of the Department. 

The balance of the appropriation on hand 
from 1877,on the 1st January, 1878,was $155,901.28 

There was expended during the re- 
mainder of the financial year 143,204.56 

The balance unexpended and trai)s- 
f erred to other appropriations was.. gl2, 696.72 
The appropriation for the fiuaucial year 

ending on the 30th of April next was.. S475, 000.00 
Amount expended to date 315,878.17 



Balance unexpended $159,121.83 

An amount sufficient to meet all anticipated 
expenditures ot the department for the remain- 
der of the financial year, and allow of the trans- 
fer of twenty-five thousand dollars or more to 
other appropriations. 

By the declioe in the price of gas, oil and other 
material, and the reduction of salaries, the ex- 
penses ot the department have been reduced from 
time to time, until now the average annual cost 
ot maintenance of eac^ street lamp is less than 
prior to 1868, when the lamps were lighted and 
extinguished with reference to the hours when 
the moon was due to snine. 

The great aggregate cost of supporting this de- 
partment is to be traced directly to annexation, 
as one-half of all the street lamps are located 
withia the annexed territory, and more than one- 
half the appropriation is expended outside the 
Old city limits. 

There are at the present time over four hun- 
dred miles of streets and places lighted by this 
department, covering a more extended territory 
than any other similar department in the country. 

The length of streets lighted in the old city 
limits in J867 was not exceeding eighty-five miles. 

The committee of the department, consisting of 
Aldermen Whiton, Faunce and Spaulding, have 
generally supervised the purchases of material 
used by the department, which have been pro- 
cured with the advantages of the largest dis- 
counts. 

UNFINISHED BUSINESS RESUMED, 

Alderman Slade ofEered an order— That the sev- 
eral standing committees of this Board resume 
the unfinished business of last year which is ap- 
propriate to said several standing committees. 
Read twice and passed. 

ASSISTANT CITY CLERK. 

A communication was received from the City 
Clerk nominating John T. Priest for Assistant 
City Clerk. Approved. 

SOUTH BOSTON STREETS. 

Alderman Pope presented the petition of 
Thomas Gogin et al., for the extension of D street. 
Referred to Street Commissioners. Sent down. 

Alderman Pope ofEered an order— That the 
Street Commissioners be requested to consider 
the expediency and feasibility of laying out D 
street across the tracks of the Old Colony Rail- 
road at grade and extending the said street from 
its present terminus near Ninth street to Dor- 
chester avenue. Read twice and passed. Sent 
down. 

Alderman Pope ofEered an order— That the 
Street Commissioners be requested to take imme- 
diate steps towards laying out the following- 
named streets in South Boston: 

Baxter street, between C and D streets; Bolton 
street, between West Second and B streets; Bol- 
ton street, between F and Dorchester streets; 
Bowen street, west from C street; Bo wen street, 
between C and D streets; Bowen street, between 
E and F streets; Dover street, between E and F 
Streets; Gold street, between A and B streets; 
Gold street, between O and D streets; Gold street, 
between E and F streets; Tudor street, between 
B and C streets; Tudor street, between F and Dor- 
chester streets. 

Read twice and passed. Sent down. 

SEWERS. 

Alderman Viles ofEered a preamble and order 
for the Superintendent of Sewers to repair the 
common sewer in Woodward avenue, and report a 
schedule of the cost thereof to the Board. 

Alderman Viles— I ofEer this order thus early 
(perhaps the Board will have noticed that a peti- 
tion has come in for the repair of that sewer) be- 
cause I have received notice from the Superin- 



tendent of Sewers that this sewer is broken down 
and the cellars are flooded. 
The order was read twice and passed. 

PROPOSED ALDERMANIC DISTRICTS. 

Alderman Kelly ofEered an order — That his 
Honor the Mayor be requested to petition the 
General Court, at its present session, for a change 
in the manner of electing Aldermen, so as to pro- 
vide that at the next municipal election six Al- 
dermen shall be elected to serve for one year and 
six to serve for two years, and annually there- 
after six Aldermen shall be elected to serve for 
two years; and also for the division of the city 
into twelve aldermauic districts of contiguous 
territory, so as to apportion the representation 
as equally as may be, according to the number of 
legal voters in each district, and so formed that 
no ward of the city shall be divided therefor. 

Alderman Kelly said it was an important mat- 
ter and he would like to have it specially assigned 
to the next meeting. 

The order went over under the rule. 

BILLS TO BE APPROVED. 

Alderman Stebbins ofllered an order — That the 
Chairman of the Board of Aldermen be author- 
ized to approve bills for expenses incurred by the 
Board of Aldermen and the standing committees 
of the Board not having charge ot any appropria- 
tions ; also by individual members of the Board 
while engaged in the discharge ot official duty; 
the amount of said bills to be charged to the ap- 
propriation for Contingent Expenses of the Board 
of Aldermen. 

Alderman Stebbins said it was the usual order 
presented at this season of the year. 

The order was read twice and passed. 

DRAFTS FOR CLAIMS. 

Alderman Stebbins ofEered an order— That the 
Committee on Claims be authorized to draw upon 
the Treasurer, by special draft in the usual form, 
for the payment of all executions or judgments of 
court against the city when properly certified as 
correct by the City Solicitor. Read twice and 
passed. Sent down. 

SUPERINTENDENT OP STREETS. 

Early in the session petitions were received 
from Michael Kerney et al., M. B. O'Grady et al., 
and Patrick Kearney et at., as follows: 

Your petitioners respectfully represent that 
tbey consider Charles Harris, the present Super- 
intendent of Streets, an unfit party to hold any 
office under the City Government, for the follow- 
ing reasons: 

On the 2d of February, 1878, when certain hon- 
est, industrious citizens, wishing to obtain em- 
ployment at shovelling snow, applied at his office 
for such employment, they weie informed by his 
clerk that none but those having notes from the 
Overseers of the Poor need remain, as they would 
not be employed, nor their applications consid- 
ered, and the said Charles Harris personally 
made the same statement to said parties. 

That the said Charles Harris afterwards dis- 
played a want of truthfulness in denying before 
the Mayor that hi,« clerk had ever made such a 
statement, but instead thereof alleged that Uls 
clerk had simply made an inquiry as to whether 
any of those present had notes from said Over- 
seers of the Poor. 

That the said Charles Harris well knew that 
according to the then construction of the statute 
law, all parties whose names appeared on the 
books of the Overseers of the Poor as having 
applied for relief from the city, and received 
such, were liable to be disfranchised on account 
thereof, and that the names of 542 men had been 
sent in previously by the Overseers of the Poor of 
the city of Cambridge, as having received relief 
(the relief consisting of work which they per- 
formed for the city at one dollar per day), and 
they charge that even if such application did not 
disfranchise these men, that it was intended to 
have that efEect, and was a degradation to which 
they had no right to be subjected at the hands of 
any public official. 

That the conduct of said Charles Harris was 
brought to the attention of the late Mayor, by a 
letter from one of your petitioners, accompanied 
by a sworn statement substantiating the afore- 
said charges, and that a petition was, on the 11th 
of February last, presented to the Mayor and 
Board of Aldermen, asking for a postponement of 
his election and an investigation of the charges, 
which investigation was evaded, by misrepresent- 
ation on the part of two of the Aldermen (Messrs. 
Perkins and Whidden), to the effect "that a com- 



JAISrXJAKY 13. 1879. 



18 



mittee bad given the remonstrants a patient 
bearing, and ample opportunity had been given 
to impeach the character of the Superintendent, 
but all the charges bad been disproved." This 
statement was attempted to be corroborated by 
ex-Alderman T. J. Whidden, who made a similar 
statement, and read letters from ex-Aldermen N. 
C. Nash and Warren Gardner, adding "that every 
opportunity had been given to every one to make 
their statement." 

Your petitioners charge that said statements, 
as made by ex- Alderman T. J. Whidden, were 
false, and that he knew and could not help know- 
ing that they were untrue, because he had been a 
member of the Nominating Committee to whom 
the remonstrance of Warren Gardner had been 
referred, and knew that L. D.Welby, or any of 
the other parties signing the petition for the 
postponement of said Harris's election and an 
investigation into the charges, had not been noti- 
fied, either publicly or privately, of any hearing 
having been given by any committee upon the 
subject, or that said committee intended to give 
any hearing, and that said misrepresentations 
were intended to have and did have the effect of 
staving off any investigation into said Harris's 
conduct. 

Your petitioners further charge that when the 

en in the employ of the different horse-railroad 
companies, notably the South Boston, Metropoli- 
tan and Highland, shovelling snow, struck tor 
higher wages, the said Charles Harris volunteered 
to furnish and did furnish to said railroad com- 
panies men who had been previously employed 
by the city for the same purpose, at the rate of 
one dollar per day, and thereby prevented the 
men from receiving the higher rate of wages, 
which they would in all probability have received 
unless for his action, and they claim that it was 
no part of his duty to act in such a manner; that 
he was not paid a large salary tor any such pur- 
pose; and that for these and the aforesaid reasons 
said Charles Harris is a most unfit party to be re- 
tained In tne city's service. 

In conclusion, we charge that the said Charles 
Harris, acting in collusion with other parties to 
your petitioners unknown, caused to be printed 
and circulated, and permitted and connived at the 
circulation of a certain circular warning the 
workingmen in the city's employ not to vote tor 
Prince, and that if they did so they would run 
the risk of being discharged, which circular he 
allowed to be posted up and exhibited in conspic- 
uous positions in various city buildings where 
numbers of city employes assembled. Your peti- 
tioners refer to the Boston Globe of Dec. 13, 1878, 
lor a lull copy of this precious document. 

Your petitioners therefore ask that they may be 
granted a hearing for the purpose of proving the 
aforesaid charges, and that the committee to 
whcm the matter may be referred be empowered 
to send tor persons and papers, so that the truth 
may be ascertained. 

In the regular course of business the petitions 
were referred to the special committee to nomi- 
nate a Superintendent of Streets. 

The subject was acted on near the close of the 
session as follows : 



Alderman Stebbins— There have been presented 
to this Board today, and there also came from the 
other branch, several petitions asking for an in- 
vestigation of the official conduct of the Super- 
intendent of Streets. Now, sir, I know nothing 
against this officer, but in all fairness to a gentle ' 
man who has served the city for so many years, 
and who is a man who stands high in this com- 
munity as an officer and a citizen, I hope he will 
be treated with the utmost fairness and have an 
opportunity to meet the charges now made 
against him I move a reconsideration of the ref- 
erence of the petitions to the Nominating Com- 
mittee, and I do so for the purpose of moving that 
the hearings on the petitions be made public. I 
take it for granted this City Council dpes not want 
a snap judgment, or allow any information to go 
before the committee that we cannot avail oui- 
selves of, or to take any course by which Mr. Harris 
will not have an opportunity to defend his action. 

The reconsideration prevailed, and on motion of 
Alderman Stebbins, the petitions were referred to 
the committee, with instructions to give a public 
hearing. Sent down. 

PKOPOSED ABOLITION OF POLL, TAX. 

Alderman O'Brien ofEered an order— That his 
Honor the Mayor be requested to petition the 
General Court at its present session, asking that 
the necessary preliminary measures maybe taken 
for the purpose of so amending article 3 of the 
amendments to the constitution of the Common- 
wealth, that any citizen of the State, otherwise 
qualified, may vote without the previous payment 
of any poll or other tax. 

Read once. 

HAWKEBS' AND PEDLBRS' LICENSES. 

Alderman O'Brien ofEered an order — That his 
Houor the Mayor be requested to petition the 
General Court, now in session, for an amendment 
ot section 18, chapter 60, of the General Statutes, 
so as to authorize the mayors of cities and the 
selectmen of towns to remit the fees for licenses 
granted to hawkers and pedlers in cases where 
the licensees are worthy persons in necessitoas 
Circumstances. 

Alderman O'Brien— If there is no objection, I 
would move that that order take its second read- 
ing today. The reason for passing that order is 
that every Mayor of Boston has had cases brought 
before him of men of integrity and good standing 
who might earn a living if the impediment of a li- 
cense tax did not stand in the way. What brought 
this order immediately before us was the fact 
that a blind man, recommended by the trustees 
and superintendent of the blind asylum, wanted a 
license to peddle articles in connection with the 
manuf. ctories at the blind asylum, but when he 
found he would have to pay quite a sum of money 
for a license, of course it prevented him from 
doing it. Quite a number of such cases are con- 
stantly coming in. 

The Chairman — The Chair is informed that the 
fees paid by these pedlers and hawkers average 
from $20 to $25. 

The order was read twice and passed. Sent 
down. 

Adjourned, on motion of Alderman Viles. 



19 



COMMON COUNCIL. 



CITY OF BOS TON, 

Proceedings of the Oommon Oounoil, 

JANUARY 16, 1879. 



Reguter meeting at 71/2 o'clock P. M., William 
H. Whitmore, President, in the cbair. 

QUALIFICATION OF A MEMBER. 

The President read a certificate from the Assist- 
ant City Clerk that Mr. Brintnall of Ward 3 had 
qualified as a member ot the Council by taking 
and subscribing to the usual oaths of office. 

The President joined Mt. Brintuall to the 
Committee on Public Buildings and the commit- 
tee to nominate a City Architect. 

PAPERS FROM THE BOARD OF ALDERMEN. 

Mayor's message, appointing George F. Babbitt 
Mayor's Clerk. Placed on tile. 

Reports of city officers. Placed on file. 

Petitions, etc., were referred in concurrence. 

Order tor Committee on Claims to draw on 
Treasurer by special draft for payment of execu- 
tions and court judgmeu's against the city. Pass- 
ed in concurrence. 

Order to petition for authority to remit fees 
tor licenses to hawkers and pedlers io necessitous 
circumstances. Passed in concurrence. 

Order to consider the expediency of laying out 
D street across tracks of the Old Colony Railroad 
at grade, and extending said street to Borchester 
avenue. Passed in concurrence. 

Order for Street Commissioners to take steps 
towards laying out Baxter, Bolten, Bowen, Dove, 
Gold and Tudor streets, as in said order set forth. 
Passed in concurrence. 

UNFINISHED BUSINESS. 

Order for Committee on State Aid on part of 
the Board ot Aldermen to pay such sums as they 
think expedient to persons entitled to same under 
chapter 282, Acts of 1878. Passed in concurrence. 

RULES OF THE COUNCIL. 

The Council took up the special assignments 
for 7.45 P. M., beginning with the report and or- 
der to adopt the rules and orders of the Common 
Council for 1878 with certain amendments. The 
rules were taken up seriatim, read b.v the Presi- 
dent, and ordered to a second reading without 
objection, where no amendment was proposed. 
Discussion ensued on proposed amendments as 
follows: 

jRvle 29. The amendment proposed to this rule 
was to strike out the provision for a special com- 
mittee of the Council on Police, the duties having 
been transferred to a joint standing committee. 

Mr. Coe of Ward 23—1 suppose these amend- 
ments are offered lo the rules now in force, and 
that it requires a two-thirds vote to pass them. I 
would like to inquire upon that point. 

The President— On that point the Chair will 
make the following statement: At the first meet- 
ing of the Council, owing to the inexperience of 
the Chair and the hurry of the moment, the Chair 
ruled that a two-thirds vote will be required 
to make an amendment to the rules. But he 
is satisfied that that ruling was erroneous. 
Although there seems to be few decisions on this 
point, we have fortunately a recent precedent in 
this body. In 1878 the Aldermen voted to adopt 
the joint rules of 1877 till otherwise ordered. The 
Council concurred and appointed a committee to 
prepare rules. The committee proposed impor- 
tant changes in the rules, especially in regard to 
rule 20. The amended rules were passed— yeas 50, 
nays 20. But soon after, at the same meeting 
{Record p. 14), on motion of Mr. Crocker of Ward 
9, a reconsideration was ordered by 40 yeas to 30 
nays, under the well-known rule that a majority 
vote suffices lor a reconsideration, though more 
or less be required to pass the original question 
(Gushing, Law, etc., section 1271). The rule No. 
20 was amended and passed again by a vote ot 40 
yeas to 30 nays. The rule of the Council and its 
lormer custom, as recollected by our worthy 
Clerk, is clearly that the code of rules is to be 
passed, after the report of our committee, by a 
majority vote only. The temporary rules 
are binding only until the Council has 
adopted its code for the year. The Chair 
understands that this particular case is not only 
In accordance with the joint rules, but that the 
custom is the same as regards the rules of the 



Council. He therefore rules that the rules can be 
amended by a majority vote only. 

Mr. Coe— I would like to inquire of the Chair if 
there is any force in the use of the words "and 
until otherwise ordered" ? Will the Chair consid- 
er that in the making up of his decision ? 

The President— The Chair has ruled on the point 
that these rules can be amended by a majority 
vote only. 

Mr. Coe— Then I respectfully appeal from the 
decision of the Chair, in order that I may say a 
word. 

The President— The question is now upon the 
report ot the committee in regara to section 29 of 
the rules. 
Mr. Coe— I think I made an appeal. 
The President — The gentleman is out of order, 
the appeal not having been seconded. 
Mr. Wheeler of Ward 10— I second the appeal. 
The President— The second is too late, as the 
Council had proceeded to other business. 

Mr. Coe— Then I beg respectfully to appeal 
from that decision. 

The President— The only object ot the Chair is 
to facilitate business. The question is now upon 
the appeal of Mr. Coe, seconded by Mr. Wheeler 
of Ward 10. 

Mr. Coe of Ward 23— It seems to me it is im- 
portant that this should be settled right, and it is 
worthy a lew moments' attention at least. I call 
attention to the wording ot the order as offered at 
the first day — 

"Ordered, That the rules of the Common Coun- 
cil of 1878, with the exception of rule 66, be and. 
are hereby adopted as the rules ot this body, and 

that Messrs. be s, committee to report what 

further rules are necessary." 

I call the special attention ot the Council to the 
reading of that order. It does not say that they 
are to be the rules ot this body "until otherwise 
ordered," but they are to be the rules of' this 
body. 

Mr. McG aragle of Ward 8—1 rise to a point ot 
order. I understand the question now before the 
House is on the appeal fiom the decision of the 
Chair. 

Mr. Coe— On that motion I think there is a de- 
bate allowed, on which each member is allowed 
three minutes to speak. I don't propose to oc- 
cupy more than three minutes, but I think it is 
fair that this matter should be settled. 

Mr. McGaragle— I rise to a point of order. It is 
not the rules and orders that this gentleman ap- 
peals from, but his appeal was on your ruling that 
he could have the appeal taken after the Council 
had proceeded to other business and a second to 
the appeal had been made. The President ruled 
that the gentleman from Ward 23 was out of or- 
der^ and the gentleman appealed; that appeal 
was seconded, and that is the question before the 
Council. 

Mr. Coe— The Chair decided, I think, that my 
first appeal was in order. 

The President— The Chair will trust that the 
member from Ward 8 will not press this matter, 
for certainly it is the desire of the Chair to pro- 
ceed entirely in accordance with the rule. 
Mr. McGaragle — I withdraw it. 
The President — Although there can be no ques- 
tion that the gentleman was out of order in the 
first place, the appeal not having been seconded, 
we do not wish to stand upon any technicality 
in regard to the ruling. 

Mr. Coe— I claim that under this order which we 
adopted at the last meeting, the rules of 1878 are 
now and must be the rules 01 this body until oth- 
erwise ordered, and that, in adopting those 
rules, rule 72 was adopted, which provides 
that no rule or order of the Council shall be 
amendecl, altered or dispensed wiih, without the 
consent of two-thirds of the Council. That rule 
was adopted with the others, and 1 claim that 
under the order that rule is now in force, and it 
requires a two-thirds vote to amend the rules of 
the Council. That is all I desire to say. 

The President— The Chair understands the 
point taken by the gentleman from Ward 23 to be 
that the order offered at the first meeting was dif- 
ferent from the order usually oflrered, and was 
intentionally so. The Chair does not understand 
that any of these rules, so tar as he has been able 
to see, are likely to call for any particular divi- 
sion, and unless the gentleman intends to press 
the question for some particular reason, the Chair 
would prefer not to rule upon the noint. 

Mr. Coe— I beg leave to say that I press it for no 
particular reason except to have it start off" right, 
and 1 want the Council to pass upon the ruling of 



JANUARY 16 



1 ^> 7 9 



ao 



the President, whether the Council can abrograte 
the rule already adopted under this order. 

Mr. Brawley ot Ward 19— The order passed at 
the first meeting of the Council iu relation to the 
joint rule was that the rules of last year were 
to govern the Council until otherwise adopted. 
The ruling has been that in such a case it re- 
quired the majority vote to adopt au amendment 
or alteration of the rules ot last year. It was so 
ruled by the President at the icist meeting ot the 
Council of 1878. The point was raised then that it 
required a two- thirds vote to amend the rule, and 
the President ruled that was not the case, and it 
only required a majority vote, because the 
rules or the year previous were adopted 
only until otherwise oraered. That was the rul- 
ing of the President at the last meeting ot the 
Couucil ot 1878, and I think the ruling of the 
President of this Council, that it requires only a 
majority vote to adopt new rules, is correct. It is 
certainly similar to tbe ruling of the President at 
the last meeting ot the Council of last year. 

Mr. Coe— Will the gentleman be kind enough to 
read that, if he has it? 

Mr. Brawley— I will send for it. 

The President— The question, after all, seems to 
be a matter of the intent of the Council at the 
first meeting. If it was the intention of the 
Council to then and there adopt a code of rules 
without the usual formality of referring them to 
the joint committee, or a committee of this body, 
the Chair is of the opinion that the point raised 
by the gentleman would be well taken. But as the 
matter stands, the Chair is of the opinion that it 
was not the intention ot the Council at that time 
to adopt a code of rules for the entire year, and 
that it stands exactly in the position of the par- 
liamentary code of joint rules and orders adopted 
by the Council at the same meeting, 
and therefore under that view any amend- 
mcEt can now be made by the majority 
vote. The question before the house is in regard 
to sustaining the decision of the Chair, which has 
been doubted by the gentleman from Ward 23. 
dPhe Chair decides that the code of rules adopted 
at the first meeting was for a temporary purpose 
only, and can now be amended by a majority 
vote 

Mr. Wolcottof Ward 11— I would like to call the 
President's attention to the tact, as showing the 
intention of the Council in adopting the order, 
that the point was distinctly made then, and the 
ruling was made before the vote was taken, ana 
therefore the Council in passing the order as it 
did, dia so with the intention of amending the 
rules, only by a two-tnirds vote. It seems to me 
that that varies the ease fioui what it would be 
it the point had not been raised before the vote 
was taken. 

The President— The Chair finds, on reference to 
the report of the proceedings, that the decision 
referred to by the gentleman from Ward 11 was 
in regard to the joint rules. The question is now 
upon the appeal from the decision of the Chair, 
and the question is whether the decision of the 
Chair shall stand as the rule ot the house. 

On motion of Mr. Brawley of Ward 19, it was 
ordered that the vote be taken by yeas and nays. 

The roii was called, and the decision of the 
Chair was sustained— yeas 33, nays 29: 

Yeas— Anthony, Barry, Brawley, Bunten, Can- 
non, Cavanagh, Christal, Costello, Devine, Dev- 
lin, C. F. Doherty, J. J. Doherty, J. Doherty, Fur- 
long, Hayes, Kelley, Kendricken, Kidney, Lauten, 
Locke, Lovering, Maguiie, McG-ahey, McG-aragle, 
McLaughlin, Morgan, MuUane, Murphy, O'Dowd, 
Pray, Rosnosky, J. A . Sawyer, Sweeney, Taylor— 34. 

Nays — Austin, Blakemore, Brown, Clapp, Coe, 
Colby, Dudley, G-reenough, Hancock, Hart, Healy, 
Hilton, Howard, Morrison, Nason, O'Brien, Park- 
man, Perkins, Plimpton, Rust, H. N. 8awyer, N. 
Sawyer, Sibley, Stearns, Swift, Ward, Wheeler, 
Wolcott, Wyman— 29. 

Absent or not voting — BOAVker, Brintnall, Den- 
ny, Fisher, Mowry,Sheparcl,Sweetser,Woolley— 8. 

The amendment proposed by the committee was 
adopted, and the rule as amended was ordered to 
a second reading. 

Utiles 32 and 36. The committee's amendments 
to these rules were adopted without objection, and 
the rules as amended were ordered to a second 
reading. 

Mule 43. The committee's amendment to this 
rule was, "Whenever the second reading immedi- 
ately follows the first the document may be 
read by its title only, unless objection is made." 

Mr. Wolcott of W'ard 11— I oppose the addition 
of the proposed amendment on this ground; The 



present custom in the Council is a fair one, that 
the second reading of an order may be dispensed 
with when a motion is made to that effect, and 
adopted. The custom has been that where a doc- 
ument is extremely brief it takes its full reading 
through, but many members hardly hear or listen 
to it during the first reading, and it seems to me 
but fair that they should be read through 
a sec'ind time, but whenever it is long and 
voluminous, and the Council have sufficiently 
studied the subject, then a motion is made, to 
save time, that a document be read by its title 
only. Under the proposed amendment I should 
fear that many important papers might hardly be 
understood by|membersof the Council, and would 
pass without sufficient scrutiny. I hope, therefore, 
that the proposed amendment will not prevail. 

Mr. McGaragle — I would like to ask the gentle- 
man who has just taken his seat if he will tell us 
the difference between the two methods. There 
may be a difference, but I cannot see it. Now the 
second reading can be dispensed with only on a 
motion of a member and a vote of a majority of 
the Council. Under the proposed amenamentit 
cannot be dispensed with if a single member ob- 
jects. If any member objects, it has got to be 
read in full. This is to give the President power 
to dispense with the reading ot a document un- 
less there is some objection. 

Mr. Morgan of Ward 15— It seems to me this 
amendment is a wise one, for its intended pur- 
pose is to hasten business. Our object in meeting 
here is to transact business as speemly as possi- 
ble. If a member desires to hear an order read, 
he can object and call for the reading. 

Mr. Plimpton of Ward 21 — It seems to me much 
mwe desirable to retain tee old ruling as it was, 
for this reason : Members are often Inattentive. 
and don't hear the first reading ot an order or or- 
dinance. But a member does not like to get up 
and state that he has been inattentive, and it is 
easy to dispense with the second reading by a mo- 
tion, when that course is desirable. ' 

Mr. Locke of Ward 14—1 think the excuse of- 
fered by my friend on my left is no excuse at all. 
It seems to me we are here to attend to business, 
and as this motion is to facilitate business, I hope 
it will pass. 

Mr. Wolcott of Ward 11— It seems to me that 
our purpose here is nor to get through business 
quickly, but to do it well. In reply to the gentle- 
man from Ward 8, the present rule is to read an 
order twice, while the exception is to dispense 
with the second reading. If the proposed amend- 
ment is adopted, the second reading will be the 
exception. 

Mr. McG-aragle— The amendment proposed is as 
follows; "Whenever a second reading ijwmecii- 
ately follows the flr.st, the document may be read 
by Its title only unless objection is made." It 
merely gives the President the privilege of read- 
ing an order by its title unless objection is made. 
There is nothing very urgent about it either way, 
but the committee thought they would ease the 
duties of the presiding officer. 

Mr. Sibley ot Ward 5— I am in favor of the de- 
spatch of business, ana my time is as valuable as 
that of any member of this board. When this 
question came up in the committee I could not see 
any difference between the old rule aud the pro 
posed amendment. Under the present custom it 
is iu the power of no one member to relieve the 
Chair ot the second reading. It takes a vote of 
the Council to do that. Unaer the proposed 
amendment one member has the power to call for 
a second reading. Any gentleman interested in 
the matter before the Council will object to dis- 
pensing with the second reading if he thinks 
proper, ana therefore I could not see anything 
lost and anything pardoularly gained. 1 shall 
vote iu favor ot the rule as brought in by the 
committee. 

Mr. O'Dowd of Ward 6—1 trust that the amend- 
ment recommended by the committee will pre- 
vail. I do not see that there are any objections 
offered that are cogent and convincing enough to 
dissuade me from voting in favor of it. I think it 
is a very wise proposition. The gentlemen on the 
opposition seemed to be unable, it they will par- 
aon me the use of the word, to see the difference. 
You will see that che word "may" is introduced 
instead of the word "shall," leaving the dispens- 
ing of the second reading optional with the Chair 
instead of obligatory. 

The amendment was adopted and the rule or- 
dered to a second reading. 

R%Ue 64. The amendment proposed by the com- 
mittee to this rule providing for the appointment 



21 



COJMMON OOUlSrOlL, 



of tellers tor each division -was adopted, and the 
' rule as amended was ord'ered to a second reading. 

Mule 66. The committee proposed an amend- 
ment to this rule providing tor dispensing with 
the custom of allowing a member to move 
a reconsideration for another member, in 
case of his absence, when notice had 
been liled with the clerk in the usual 
manner. The committee proposed to strike out 
the words "or in case he shall not withdraw his 
motion, any other member." 

Mr. Wheeler of Ward 10 — I would like to ask 
the object which the committee have in making 
this change. It would appear to me that the ef- 
fect of the rule as it originally stood was simply a 
matter of convenience. If a member gave no- 
tice of a motion to reconsider, and it was incon- 
venient for him to be at the next meeung, the 
motion could be called up by sou.e other member, 
a,nd therefore it appeared to me that the rule as 
it originally stood would be more desirable than 
the amendment suggested. Furthermore, it the 
amendment is passed, it would tend to encumber 
the tiles of the Clerk, because every one who de- 
sired reconsideration would feel called upon to 
give the required notice. If there is any good 
reason to be given for the change I would be glad 
to hear it. 

Mr. Sibley— Up to 1877, 1 think, only a member 
wiio voted with the majority could move a recon- 
sideration. That is the custom now in most legis- 
lative bodies everywhere. Well, we widened it 
out. There have been I cannot say how many 
times that a motion to reconsider has 
delayed matters here a week, and nobody 
called it up. It was born, but it never 
died a natural death. Now, I am not so much in 
favor of this reconsideration business. It is use- 
ful in many cases, but when it is a matter of de- 
lay only it is a different transaction. And then if 
a man brings it up and he cannot appear here it 
is his misfortune. There is always an opportu- 
nity for every man to step forward and give no- 
tice for a reconsideration. I would ask for a de- 
cision whether when a member has given notice 
of reconsideration, whether any other member 
can file a similar notice with the Clerk in regard 
to the same motion. 

The President— It is not so much a matter of 
law as a matter of fact, and I understand it to be 
the fact that it has always been the custom for 
more than one member to tile a motion for recon- 
sideration under that rule. Under that informa- 
tion, which I thought was true, I cannot see any 
objection to this amendment. We laid it out 
pretty wide two years ago from what it was be- 
fore. And I think it will do no hurt to bring it 
down tine, a little more to business than it was 
getting to be. 

Mr. Swift of Ward 9— This rule 66 was not 
adopted at the first meeting of the Council, and I 
would inquire whether the amendment of the 
committee should not be to insert this rule in- 
stead of striking out the words proposed. 

The President— The rule not being upon its 
passage, but upon its second reading, it is proba- 
bly immaterial in which form the motion is 
brought to the attention of the house. The rule 
has been read and will be read a second time in 
the form in which the committee recommends its 
adoption. 

Mr. McGaragle— The old members will remem- 
ber that this rule was a source of trouble to me 
last year. When the rules were reported, I fought 
this thing very severely, and I think the rules of 
the previous year should stand. In that case any 
gentleman, or any number of them, could give 
notice to the clerk, and if six, seven, eight, ten 
or eleven men give notice, and ten of 
them withdraw the notice, the notice of the 
eleventh man holds good, and the clerk would 
bold the papers. This order was amended to suit 
a particular case. It happened a year previous to 
that in the matter of public parks. The special 
meeting was called by his Honor the Mayor in the 
afternoon. A gentleman had given notice of his 
intention to move a reconsideration of the 
vote on the passage * an act in regard 
to the public parks. He did it, of course, 
to delay the passage of the order. I do 
not know by what authority they did it, but 
the Council suspended the rules, and it was ruled 
that in suspending the rule they also suspend his 
motion to reconsider. There has been a question 
in my mind how they got over it. But neverthe- 
less they did it, and this rule was framed to spe- 
cially meet that case. Now, there is no good rea- 
son why this should not be as the committee pro- 



posed. If any gentleman of this Council has any ob- 
ject in moving reconsideration, all he has to do 
is to notify the Clerk. If there is one member or 
twenty who tile such a notice, the Clerk takes the 
notices and retains the papers. If all the mem- 
bers withdraw their notice except one, the papers 
are retained tor that one to make the motion. If 
I have worked hard to get an order through, and 
it is passed, and a gentleman makes a motion to ' 
reconsider and withdraws it, I do not think it is 
fair to allow any one else to make the motion. I 
hope we shall adopt the amendment striking out 
such a provision. 

The amendment was adopted, and the rule was 
ordered to a second reading. 

This completed the amendments offered by the 
committee. 

Rule 70. Mr. McG-aragle— I have a slight 
amendment to offer to rule 70 in addition to the 
rule as it now stands, by adding the following 
words: 

"After a ballot has been ordered it may be 
moved and by vote of one-fifth of the members 
present ordered that there be called the roll ot 
the members." 

Mr. Brawley of Ward 19—1 would like to offer 
an amendment to the amendment, that all ballots 
used in the election of officers in the City Council 
shall be preserved. I believe it has been the cus- 
tom in the past to destroy the ballots, and some- 
times they are destroyed immediately tbey are 
counted. There were cases last year when more 
ballots were cast than there were members 
present. It occurred so at our last meeting, 
when more ballots were reported than there 
were members present. I was in hopes 
that my friend from Ward 23, who offered an 
order bearing on this subject last year, would 
renew it tonight. I do not know what became of 
the order; but I think it was referred, to 
some committee and never acted upon, and I 
hope this rule will be so amended tonight as to 
prevent that ever being done. 

Mr. Coe of Ward 23—1 don't know but that the 
amendment offered by my friend from Ward 23 
will cover the porut I had in my mind. I have 
drawn an order which I proposed to offer tonight, 
instructing the committee to inquire and report 
whether rule 69 should be so amended as to pre- 
vent errors in elections by ballot; but it seems to 
me it is covered by the amendment of the gentle- 
man from Ward 8. 

Mr. McGaragle— If there is any virtue in the 
amendment of the gentleman from Wfsrd 19, that 
the ballots be preserved, I would accept it. 

The Chair announced the addition of Mr. Braw- 
ley's amendment to Mr. McGaragle's amendment. 

Mr. McGaragle— I am afraid tbis ballot business 
has got me besieged. Numerous questions have 
been asked me, how long are the ballots to be 
preserved? who is to preserve them? how are 
they to be preserved? If some gentleman can 
answer those conundrums, I would be glad 
of it. 

Mr. Sibley— The rule says that ballots for in- 
eligible persons shall not be counted. I might be 
on a committee, and not be competent to decide 
who is ineligible. 

Mr. Morgan— I desire to offer an order which 
will cover this point, I think. I will offer it as a 
substitute and state my reasons. The amendment 
has some technicalities which it would be well 
for this Council to settle at once by a reference 
of this order to the Committee on Kules and Reg- 
ulations. They will have ample time before the 
next meeting and arrange a rule which will cover 
the points alluded to by my friend from Ward 25 
as to the disposition of the ballots after they have 
been counted, and they can report any other 
regulatiiins which seem necessary to be made. 

The President— ThB question now before the 
Council is in regard to an amendment to an — ^ 
amendment, and the Chair is of the opinion that 
a substitute cannot be entertained. 

Mr. Brawley— If it is the desire of the members 
to refer the matter back to the Committee on 
Rules and Orders, that they may consider the 
subject carefully and report something that will 
perhaps cover the case better than anything now 
before the Council, I will withdraw my amend- 
ment so that the substitute can be offered. 

Mr. McGaragle— I am satisfied to withdraw my 
amendnient and let it go back to the Council, 
and have the committee bring in something to 
cover the point. 

Mr. McGaragle's amendment, with Mr. Braw- 
ley's amendment thereto, was withdrawn, and 
rule 70 was referred back to the Committee on 
Rules and Orders of the Common Council. 



J A]N U ARY 16 



ia79 



33 



The rules and orders, as amended, with the ex- 
ception of rule 70, -were then read a second time 
by their title and passed. 

JOINT RULES AND ORDERS. 

The Council next took up the report ol: the 
Committee on Joint Rules and Orders, which had 
been specially assigned for 7.45 P. M. 

Mr. Coe — Before we proceed to the considera- 
tion of these joint rules I wonki like to ask the 
rrling ot the Chair upon the point as to whether 
a two-thirds vote is necessary after their enact- 
ment by a majority vote, as the matter in this 
case seems to be different Jrcjm that in the rules 
just adopted, and the point I would emphasize has 
been made by the gentleman from Ward 11, which 
is that after it had bei n distinctly announced 
by the Chair that these rules and orders could not 
be changed except by a two-thirds vote, the 
Council voted to adopt them. I desire the ruling 
of the Chair as to whether that fact would make 
any difference between his ruling in this case and 
the other. 

The President— The Chair has already announc- 
ed the custom and invariable rule of the Council 
in regard to the joint rules. There Is no dispute, 
I understand, in that respect. It has been the 
custom of the Council in past years, and was em- 
phatically so last year, when a majority voce was 
sufficient. Mr. Coe now raises the quesi-^ion for 
the Chair to rule upon whether an erroneous 
opinion expressed by the Chair at the first meet- 
ing will alter the ruling of the CUaiv in that re- 
spect. The Chair himself stated that no consider- 
ation can be laid upon any error of the Chair. It 
must be supposed that members wh« voted would 
have voted the same way whether the Chair was 
in error or not. It is not to be supposed that any 
member was misled by the error of the Chair at 
that time. 

The various sections of the order providing for 
the joint rules and orders weie read, and those to 
wnich no amendment was proposed were sev- 
erally ordered to a second reading without de- 
bate. Discussion ensued as follows : 

Rule 1. The amendments proposed by the com- 
mittee to this rule were that the President of the 
Council should be, ex-officio, a member of the 
committees on Lefjislacive Matters and Ordi- 
nances; also, providing for a joint committee on 
Police. 

Mr. Colby of Ward 18—1 cannot conscientiously 
vote for the adoption ot the report as presented 
by the Committee on Joint Rules and Orders. 

Mr. Colby moved to amend the proposed amend- 
ments to rule 1, so tnat the provision tor the Pres- 
ident to be a member of the Ordinance and Legis- 
lative committees would be stricken out, and 
those committees should be composed as for- ^ 
merly. 

Mr. Colby — When this i) atter was present- 
ed in the order of the gentleman from Ward IG, at 
the first meeting of the Council, I was somewhat 
surprised at the change contemplated, and asked 
that a reason should be given for it. No reason 
was given. I then moved an amendment, which 
was carried, auu the rules ot the City Council of 1878 
became the rules of the City Council of 1879 until 
otherwise ordered. My reason for the amendment 
was that I did not see how the President of the 
Council could consistently be a member of the 
committees on Legislative Matters and Ordi- 
nances. I had some curiosity to examine the 
original order. I found that it appeared to be in 
the handwriting of the President, and I also be- 
lieve that the President met the Committee on Joint 
Rules and Orders, and that those changes were 
made at his suggestion. Now, I have no partisan 
feeling in this matter, audi disclaim all personal 
prejudice or bias. But I do believe, that in every 
deliberative assembly like this, the man who pre- 
sides over our deliberations should be in such a 
position that he can always rule fairly and im- 
partially. I submit that if a President 
or presiding officer of a City Govern- 
ment like this is upon committees, he must 
necessarily take an active part in all questions 
raised by that committee. To illustrate: During 
the year 1878, as some members of this Council 
will remember, a question arose in regard to an 
ordinance providing that employes of the city 
shall be residents thereof. It was deliberated upon 
for a long time by the committee ; a report was made 
in May, which was fully discussed; it was referred 
back to the committee; another report was made 
in November, I think, and fully discvissed In this 
Council. As is well known, that committee was 
divided in their honest opinion in regard to that 



ordinance, and it was discussed here with consid- 
erable warmth, but with good feeling. Now, if the 
presiding officer had happened to have been upon 
that committee, he must necessarily have had to 
rule upon all questions that arose when the subject 
was presented in the Council for discussion. It 
does not seem to me that any man, however fair 
he may be, could rule fairly and impartially under 
such circumstances. Then, again, I think it is es- 
tablishing a bad precedent. It is true that the 
joint rules and orders of the City Coun- 
cil ot 1879 may or may not be the rules and 
orders of the City Council of 1880; but I do not 
think we should establish such a precedent here. 
When people attempt to do anything they look to 
see if they can find any precedent for it. One 
has been quoted tonight, and I think this will 
establish a bad precedent, because other Councils 
may think they ought, perhaps, to follow it. It 
now happens, in the present year, that we have a 
presiding officer, who, in my judgment, is amply 
qualified to be chairman of those committees, were 
he not the President of this Council. But it might 
happen next year that the President would not be 
qualified for those positions, who might have had 
neither legislative nor legal experience, and yet 
he might wish to serve as such; and there is no 
rule or law to prevent the President from patting 
himself upon any committee, if he chooses. 

Ml. Rosnosky of Ward 16— The gentleman says 
there is no party question brought in here in this 
matter, but he has gone to the trouble to look 
over the order, and he says it is in the handwrit- 
ing of the President. Then he stated that the 
President was at the meeting of the committee. I 
deny that the President was there, and had any 
right to tell us how to vote. There were three 
members of the Council, and two Aldermen were 
on the committee, and the President had no voice 
in making the report of the committee. The gen- 
tleman stated that the President wanted the com- 
mittee to put him there. I deny it. The Com- 
mittee on Joint Rules thought it wise to do it, 
and I hope the amendment will be adopted. 

Mr. Healy of Ward 10— It seems to me that some 
reason for this unusual action should be given by 
the committee wto had the revision of the joint 
rules in charge. It is certainly an extraordinary 
action which is desired on our part. As far as I 
have been able to see, I think that it is without 
precedent. The duty of a presiding officer 
of a deliberative body is that of a judge and 
arbitrator who holds the scales between the 
contending factions, who has nothing to do with 
the fairness or unfairness, the right or wrong of 
any of the questions that come before the body. 
Certainly, the proceedings in our State Legisla- 
ture furnish no precedent. There is no commit- 
tee in the State House of Representatives or 
Senate of which the presiding officer is a 
member. There is no committee in the 
United States Senate of which the Vice 
President Is a member. The only committee in 
the United States House of Representatives of 
which the Speaker is a member is the select com- 
mittee on joint rules. This is not an exception to 
the general rule that the presiding officer snail 
take no part in the political action of the body, 
for it stands on the same footing as the prepara- 
tion of a code of rules, by the judges of a, court, 
which are to guide their action in the future, 
and which they are to administer. There 
is a similar exception in one of the committees in 
this body, the Committee on Public Instruction. 
But this is an old custom which has come down 
from the time when by the laws the Mayor and 
the President of this body were made ex-officio 
members of the School Committee, and when, as I 
understand it, the President of the Council presided 
at the meeting of the board in the absence of the 
Mayor. Therefore this is not an exception. In 
the House of Commons the Speaker, so far as I 
have been able to ascertain, has never been a 
member of any consmittee. Even in the last year, 
when it became necessary to inquire into the rules 
of the House, instead of being a member of the 
committee, he was simply summoned as a wit- 
ness. In our State House of Representatives 
last year, the Speaker was made a member 
of a committee to search for precedents. 
This is still in the nature of a judge 
framing rules tor tbe guidance of his court, But 
how unjust, how disgraceful would it be if a 
judge were to take part In the preparation of a 
case, and then afterwards give his opinion upon 
that case and rule upon the points of law which 
arose In it. It seems to me that in all the matters 
which come before a I ody like this, the President 



23 



COMMON COUNCIL 



stands in the position of a judge, and if he bat- 
tles for or against the views of a majority of a 
committee, it is not in the nature of man, how- 
ever honest his intentions may be, that he should 
stand before this body and rule without some 
bias, derived from his previously conceived opin- 
ions. I therefore hope, not as affecting any offi- 
cer of this body, but simply tor the reason tbat 
we shall not set a bad precedent, that couuter- 
venes all the long established ideas of deliberative 
fairness, that we shall not pass this amendment 
as reported by the Special Commictee on Joint 
Rules and Orders. 

Mr. Christal of Ward 8— It seems to me that less 
law and more judgment would be more effective 
on this question. It seems strange to me that the 
last sfentleman has argued it in a manner to op- 
pose the passage of these orders for the one rea- 
son that they seem not to dread the President of 
this Council being on the committees, but tbey 
seem to dread future Presidents being on the 
committees. Now, there is no telling but these 
gentlemen may have an opportunity to obiect to 
the next President being on tne committees. It 
is well aware to every gentleman on this floor 
that the President of this Council is a man 
whose knowledge and integrity cannot be 
doubted. For that reason the members 
of the Council wish to nave him added to these 
committees. Anyone acquainted with the two 
Aldermen on that committee, will be convinced 
that they made a good selection in reporting that 
he should be added to the committee 

Mr. Morgan — Many arguments used in opposi- 
tion to the passage of the amendment to this rule 
are frivolous, to say the lenst. What do we care 
for the precedents established by legislative 
bodies if, by placing our President at the' bead of 
a committee, we can do good not only to i his body 
but to the people of the city of Boston? The 
chairmanship ot a committee of this kind requires 
capability, intelligence and legal acquirements. 
It the President of this body possesses those 
qualihcatious, he is certainly the person to serve 
on that committee. It we pass that amendment 
now, it is not establishing a precedent for the 
Council of next year, if there is no necessity for 
placing their President upon those committees. It 
strikes me that, in a case of this kind, if the 
Committee on Rules and Regulations have care- 
fnlly and judiciously weighed this measure, there 
were good and ample reasons for placing the 
President in that position, and I think, as a mat- 
ter of courtesy, if nothing else, it should be 
passed. 

Mr. McGaragle of Ward 8—1 have beenj asked 
before this meeting commenced in regard to this 
matter, and it is no more than fair that I should 
give some points not covered in the arguments 
which have been made. It is a well-known fact 
that fifty per cent, of the legislation at the State 
House is of direct or indirect interest to the city 
of Boston. It is also a matter of fact that that 
legislation has been an expensive arrangement to 
the city of Boston for the last year. We have paid 
$2500 to an ex-member of the City Solicitor's 
Department for the services he has performed in 
connection with the Legislature. Now, sir, here 
is the President— and I don't propose to stand 
here and flatter him — amply able, willing and 
competent to perform these duties, and he will 
give all the time required to look after 
the legislation in which the city of Bos- 
ton is directly or indirectly interested, and 
it will cost the city nothing. That is one 
argument In favor of putting him there. No one 
«an doubt his ability and integrity, and there is 
•every reason in my mind why he should be placed 
as a member of those important committees. I 
care not what committee from this or the other 
branch of the Government may be appointed by 
the President or any other presiding officer, they 
cannot and will not give the time necessary to go to 
the State House, from committee room to'commit- 
tee room, from the Senate chamber into the House, 
and talk to members all day and explain every- 
thing required by the legislation for the interest 
of the city of Boston. It has been done by a man 
getting a large salary, but we have been able to 
get no memner of this Govert-ment to doit. It 
has never been done but once, and from that day 
to this the city of Boston has never had any legis- 
lati9n worth anything. You have had Chelsea 
Bridge foisted upon you, and lately the town of 
Natick has been allowed to come in and tap your 
water supply from Farm Pond. I am familiar 
with many cases of that kind which have cost 
the city of Boston millions of dollars, and it was 



all simply because we had no legislative commit- 
tee. Last year we paid a man $2500, and this year 
we propose to make that saving, because we have 
a competent man who will do it for nothing. 

On motion of Mr. Wheeler, it was ordered that 
the question be taken by yeas and nays. 

Mr. Brawley of Ward 19— As a member of the 
committee who reported this rule, it may be well 
to say something at this time. I have given the 
matter some consideration and listened very 
carefully to the arguments of the gentlemen 
from Wards 18 and 10. The gentleman from 
Ward 10 cites numerous instances where 
presiding officers have been members of 
committees, but under the head ot exceptional 
cases, and he cites reasons why they should have 
been members of those committees. The reason 
in all cases was that they acted in the nature 
of judges framing rules for the guidance of 
their courts. That, certainly, is the best argu- 
ment I have heard why our President should be 
a member ot the Committee on Ordinances, as it 
is the committee which frames ordinances for the 
ruling of his Council. Now then, if any of the 
cases he has cited, even though he claims that 
they are exceptional— and the gentlemen who 
were brought in were certainly transcendental 
men from the extreme scope of his citations, — it 
certainly struci< me as the most forcible argu- 
ment I have heard, even in the committee or out 
of it, why the President shouM be a member of 
the Committee on Ordinances to frame rules for 
the guidance of his Council. 

Mr. Wolcott of Ward 11— I would ask the gen- 
tleman whether that is the ordinary or sole use of 
ordinances? I supposed they were framed for 
the administration of the affairs of the city at 
large. 

Mr. Brawley— I don't suppose that ordinances 
are framed for the administration of city affairs ; 
T. know they are. That is a fact. But who admin- 
isters the city's affairs except the public's ser- 
vants of the city, and who are more numerous as 
servants ot the city than the members ot the 
Common Council? This is certainly the larger 
branch of the Council. 

Mr. Coe— Those who have spoken in favor of 
this change have spoken of the presiding officer 
as being eminently" fitted for the position in which 
it is proposed to put him. I do not rise to dispute 
that. If I thought so, it would not be proper for 
me to say so. I rise to oppose it on general prin- 
ciples, if I refer to the President of this body, I 
refer to him in his official capacity, and not to 
the gentleman who is occupying the chair at 
the viresent time. It has bean well said here that 
there is no precedent for any such proposition. 1 
believe in precedents. I think the established 
usage of legislative bodies should have its weight, 
and gentlemen who come here and advocate this 
change do not point to a single precedent for it. 
I object to it on another ground. The President 
of this body has already power enough. When 
we think of the power that is vested in his 
hands — the power he has over the legisla- 
tion of this body by the appointment of its 
committees, the power he has over the heads 
of the departments by the appointment of nomi- 
Biating committees, and then, in addition to all 
that, making him the chairman ot two or three of 
the most important committees in this body, I 
think we can well hesitate before we pass any 
such rule as this. Those who nave advocated this 
measure have spoken of the eminent fitness of 
the present incumbent of the Chair. It has been 
well said that another year we may not have a gen- 
tleman so well fitted for that position. Another 
gentleman says this may not form a precedent, 
that the Council of next year may not adopt it 
because this Council does. And yet if we choose 
a President next year, when the rules and orders 
are adopted, if the President is left off of those 
two committees on which the precedinsr Presi- 
dent has served, he must consider it a s ight. If 
we make this change it will be a permanent one, 
and therefore I hope the Council wjll hesitate be- 
fore they adopt any such rule as this. I should 
oppose it strongly. 

The amendment of Mr. Colby was rejected — 
yeas 27, nays 37: 

Yeas— Messrs. Austin, Blakemore, Brown, Clapp, 
Coe, Colby, Dudley, Fisher, Greenough, Hancock, 
Hart, Healy, Hilton, Howard, Morrison, Nason, 
Parkman, Perkins, Plimpton, Rust, H. N. Sawyer, 
N. Sawyer, Stearns, Wardj Wheeler, Wolcott, 
Wyman— 27. 

Nays— Messrs. Anthony, Barry, Bowker, Braw- 
ley, Bunten, Cannon, Cavanagh, Christal, Cos- 



JANUARY 16, 1879 



24 



tello, Devine, Devlin, C. F. Doherty, J. J. Doher- 
ty, J. Doberty, Furlong, Hayes, Kelley, Kendrick- 
en. Kidney, Lauten, Locke, Lovering, Maguire, 
McGahey, McGaragle, McLaughlin, Morgan, Mul- 
lane, Murphy, O'Brien, O'Dowd, Pray, Rosnosky, 
J. A. Sawyer, Sweeney, Swift, Taylor— 35. 

Absent or not voting — Messrs. Brintnall, Den- 
ney, Mowry, Shepard, Sibley, Sweetser, Whit- 
more, Woolley — 8. 

The ameodnient ot the committee was adopted, 
and the rule as amended was ordered to a second 
reading. 

The committee's amendments to rules 11 and 13 
were adopted, and the amended rules were or- 
dered to a second reading. 

Rule 20. The committee's amendment was to 
strike out "relreshments" in the tirst and fourth 
lines, and the words "or cigars" in the twelfth 
line, ot the pocket edition. 

The rule of 1878 was as follows, the words pro- 
posed to be stricken out being in italic: 

"No bills for refreshments or carriages furnished 
to any member of the City Government shall be 
paid unless such bills shall specify in detail the 
names of the members to whom such refreshments 
or carriages were furnished, the dates of furnish- 
ing the same, and shall be approved by the pre- 
siding officer of a board, or chairman of a com- 
mittee, duly authorized thereto. The presiding 
oiBcer of a board, or chairman ot a committee, 
shall not approve any bill for refreshments fur- 
nished on any day other than the day ot meeting 
of such board or comm'ittee, or any bill for re- 
freshments which includes among its items li- 
quors or cig'ars, or any bill for refreshments fur- 
nished to any persoQ not a member of such board 
or committee, unless specially authorized to do so 
toy vote ot such board or committee. Such bills, 
when so approved, shall be paid from the appro- 
priation to which they are incident; and the 
Auditor of Accounts shall not pass any such bill 
for the approval of the Committee on Accounts 
unless it has been approved as provided in this or 
the preceding section." 

Mr. Wolcott— I trust this proposed amendment 
will not prevail. I hid tne honor last year of ser- 
ving upon the Committee on Joint Rules and Or- 
ders, and this section received the very fu 1 con- 
sideration of the committee. The same reasons 
which made me then think it wise are io full 
force today, with this added reason : As the mem- 
toers then thought some objection might be found 
in the working ot the rule, having tried the rale 
for a year, I can say today, with a good deal of con- 
fidence that no such objections or difficulties 
have presented themselves. Now, in regard to 
this whole matter of refreshments for the City 
Government, I am perfectly willing to say that 1 
should favor the payment to members of both 
branches of the City Council a fixed annual 
sum, moderate in amount so that the place 
should not be sought on that account, but 
which should suffice to pay members for all ex- 
penses offthis sort, and having voted that to each 
member all extras should cease. That, however, 
I do not think the people are ready for, though I 
think they may come to It. At the present time, 
therefore, we can only attempt to regulate this 
use of refreshments, carriages, etc., by proper 
and reasonable rales. Now that the use of re- 
freshments by the members of the City Council 
during the discharge of their official duties 
is proper and right, and a privilege for them, 
I do not question ; but that it is one of those privi- 
leges peculiarly liable to abuse we all know. It 
has been abu,-ed in the past, and therefore it toe- 
hooves us to frame such a rule that the abuse 
may be prevent d in the future. The proposed 
amendment, as the President has properly said, 
will materially alter the effect of" the rule. It 
seems to me to be a very slight regulation and 
a very proper one, that members of commit- 
tees who partake of refreshments at the city's ex- 
pense should be willing to have their names ap- 
pear upon the bills. It is the only way to guard 
against abuses. It is a restric'ion I have always 
been willing to submit to, when I have partaken 
of refreshments at the expense of the city. Any 
man, I think, who is not abusing the privilege, 
should be willing to have his name upon the 
toill to notify the chairman whether the toill 
is a proper one. The rest of the rule 
is not very materially modified. I object 
to striking out cigars, not because I have any ob- 
jections whatever to any member of the City Gov- 
ernment having a cigar with his dinner, but toe- 
cause it was found under the old system that cer- 
tain members of committees partook of a dinner 



with the other members, but in passing out stop- 
ped at the cigar counter and filled their pockets 
with cigars. This rule was framed to prevent that 
abuse, if possible. This rule is not prohibitory. 
It does not prohibit the use of liquors or cigars. It 
simply requires that these bills shall be brought 
before the committee and passed upon toy the 
committee. If the charge is a proper one, it is 
passed as routine tousiness, and takes not a mo- 
ment of the committee's time. But if such an 
abuse as I have mentioned has (occurred, it 
gives the members of the committee an opportu- 
nity to bring up the bill and defeat its passage if 
possible. I do not propose to speak longeron 
this subject.. I simply hope that all members will 
see that by striking out those words they materi- 
ally change the whole section. I hope they will 
think carefully before they adopt a change in a 
rule which will open the door to an abuse, and 
which does not in any way militate against the 
proper indalgence in refreshments toy members 
of the Council in the performance of official 
duties. 

Mr. Brawley of Ward 19—1 certainly will not 
differ much from the gentleman who has just 
taken his seat in regard to rule 20, although I 
am a member of the committee who offered these 
changes. I recollect very well when the Com- 
mittee on Joint Rules and Orders of last year 
brought in rule 20 it was very carefully consid- 
ered on all points, and very carefully explained 
by the gentleman who has just taken his seat. I 
agreea with him then, as I do now, that it was a 
very fair rule. It prevents no member of the 
Council from having what retreshments he 
chooses. It is certainly not a prohibitory law, tout 
it is a rule giving to memtoers of the Council re- 
freshments, and yet guarding against abuses. Al- 
though a member of the committee that offered 
the changes, 1 am certainly not in favor of them 
and cannot conscientiously vote for them. The 
rule has been tried for a year and worked well, 
and I hope that the changes offered will no'i, pass 
in the Council tonight. I have looked into the 
matter very carefully since the meeting ot the 
committee. I looked into it very carefully then 
and did n't think it important enough to offer a 
minority report, as it was only one rule; but I do 
hope that rule 20, as adopted by the Council of 
last year, will toe accepted by this Council. If 
the members accept this rule I think they will be 
better satisfied at the end of the year than they 
will be by adopting the changes offered. 

Mr. McGaragle of Ward 8—1 hardly expected to 
be called upon to witness this novel spectacle. 
Here is a member of a committee who signs a re- 
port and now says he don't believe in it. I don't 
care very much whether it is adopted or not, al- 
though i opposed it bitterly last year. [Mr. Mc- 
Garagle read rule 20 as proposed to be amended.] 
There is virtually no change. The thing is as 
binding now as could reasonably be expected, but 
in the face and eyes or a member signing this re- 
port and coming in and saying he does not believe 
in it, I hope the change will be made. 

On motion ot Mr. Lauten of Ward 14 the yeas 
and nays were ordered. 

Mr. Brawley — I thought when the gentleman 
from Ward 8 got up to speak on the question he 
would give some reasons why these changes 
should be made. But it seems that the only thing 
that troubles him is that a member of the com- 
mittee should object to a change in a single rule 
after signing his name to the report. I believe 
that the names here are the names of the 
members of the committee. It does not 
say that all the memtoers of this commiitee 
were in favor of all these changes. I didn't 
think rule 20 was of sufficient importance for me 
to toring in a minority report. 1 might say that 
it does not astonish me that such a light matter 
should astonish the gentleman from Ward 8. It 
is the frivolous things that surprise him most. 
It is not necessary for me to state who were in 
favor ot those changes in the committee, or who 
were not. All that is necessary for me to say is, 
that having considered the rule caiefully, I am 
not in favor of the changes. I have considered 
it in all its hearings. It is not necessary or wise 
that I should give all the questions tl\at 
have been brought to my mind in connection 
with that rule in previous years. All I can say 
about the matter is, that rule 20jworked well last 
year, and certainly it is good enough for the 
Council of this year I disagreed with the mem- 
bers in the committee, and I disagree with them 
here. I have a perfect right to do so, and I pro- 



25 



OOMJVLOK ooriNCix. 



pose to exercise my opinion, regardless of the 
opiuion of the gentleman from Ward 8. 

Mr. Rosnosky of Ward 16—1 understood the 
gentleman from Ward 19 to say he opuosed it at 
the committee meeting, and he did n't see tit to 
bring in a minority report. If I ain't mistaken I 
happened to tie at that committee meeting, and 
I did n't see any ot^posltion from that gentleman. 
Now, [ would ask the gentleman from Ward 19 
whether he attended meetings last year and 
smoked cigars? I claim that after serving on a 
committee and taking a cigar, I don't want 
it provided by the rules that we should n't 
get it. The rule was not taken then, 
but they were used by a majority of the 
members of the Government last year. All my 
associates did it. and they all did, I suppose. But 
as I understand, they don't want to go upon rec- 
ord. They don't want to bring in the minority re- 
port'; but nevertheless, I can get all the cigars I 
want. When a member goes out he should have 
the privilege of smoking, and I don't want the 
rules to forbid it. I don't think it is in good taste 
for a member of a committee to oppose the rule 
here when he did not oppose it in the committee. 
I know that when the committee went out 
last year, and they were dry, I suppose they 
took all the wet stuff that they needed; neverthe- 
less, it was n't on the bill. It they wanted to 
smoke they smoked ; but you would never find 
from the bill that they had any cigars. I should 
be willing to go upon record if I used cigars or 
wine. 

Mr. Swift of Ward 9—1 am somewhat at a loss 
to understand the object of the changes in this 
twentieth section of the rules. It seems to me on 
examination that the regulations in that section 
are very reasonable, and I have been told by 
many members of ttie Council of last year that 
there was no practical inconvenience from 
them. It seems to me that the change merely 
amounts to this, that the names of the mem- 
bers should not appear on the bills. Now, 
for my part, I do not see anything to be 
ashamed of in a nroper bill for refreshments, 
with wine or without wine, with cigars or with- 
out cigars; and why any member should object 
to having his name appear on a reasonable or 
proper bill, I don't see. I do not suppose that it 
is the purpose or intention of any members of 
this Council to run up an unreasonable or ex- 
travagant refreshment bill, to be paid by the city 
of Boston, and therefore I am quite at a loss to 
understand the motive for changing the rule. I 
hope, therefore, that the change will not be 
adopted. 

Mr. Sibley of Ward 5— This matter of refresh- 
ments never has given me but very little trouble. 
I am one of those who like to be refreshed. Be- 
ing a member of this Committee on Rules and 
Orders for five years, that question has been a' 
continual bugbear with some members of the 
Council. They seem to all agree that a man 
should have refreshments. The only question is, 
one man wants to decide for the other what 
he shall have. There is one member of 
my family who is very much opposed to my 
smoking. Still, I continue to smoke. I do not 
know that I want to be labelled, with or without 
a cigar, but still at the same time I should not 
hesitate to take one at the city's expense if I 
thought that I deserved it. I have done it, and 
shall no doubt do it again. This question came 
up in the committee. The word "cigars" was 
mentioned. I do not see any objection to having 
it included in the word "refreshments." I do not 
consider it of much importance any way, and 
I would not turn my hand over whether the rule 
stands or the amendment is adopted. When this 
rule was first brought before the committee, it 
was because bills had come in of eight months' 
standing, and it was important to find out who 
contracted them, and it was thought best to have 
it brought down within a certain time. I was on 
a committee one year when a good man went out- 
side and contracted a bill amounting to ninety 
dollars. It came up before the committee, and 
we got over it the best way we could. I am will- 
ing that cigars should be included in refresh- 
ments, and I have no objection to having the rule 
remain as it was. 

Mr. Stearns of Ward 24—1 presume that the city 
of Boston is willing to pay for all the cigars that 
members wish to smoke. But it might be a ques- 
tion whether they should take them by the piece 
or the pocketful. As to refreshments, I under- 
stand that the rule allows perfect freedom, and 
I believe that members would be better 



satisfied with the rule to go as it is 
without this amendment. In the common 
rules of business we require items when 
a man makes out a bill. I do not see why we 
should omit this principle when we do the city 
business. I trust the rule will be adopted as it 
originally was. 

Mr. Greenough of Ward 9— It seems to me that 
this change involves two radical principles. So 
far as gentlemen have spoken in regard to having 
cigars at their dinner, I agree entirely with those 
gentlemen who would approve having cigars,or any 
other ordinary accompaniment of a ainner paid 
for by the city, and I am willing to vote for that 
part of the amendment. I believe in a member 
having a good dinner, and if he is in the habit of 
drinking wine at dinner, or smoking cigars after 
dinner, let him have them, and let the city pay 
for them. Still, I am willing that it should be 
known if I eat a dinner at the expense of the 
city, and I am willing that it should be known if I 
have wine or cigars at the expense of the city. I 
think that part of the old rule should be pre- 
served. For that reason I hope the change will 
not be made. 

Mr. Costello of Ward 22—1 rise to inform this 
honorable body that I will vote to oppose any 
wine or cigars furnished at the expense of the 
City Government, and I do so not as a temperance 
or total abstinence man— because I can enjoy a 
glass of wine or a cigar as well as any other man. 
But I do so because with me it is a matter of econ- 
omy. I believe in economy in all things. I look 
upon wine and cigars as luxuries, and a man who 
indulges in theiiTshould do so at his own expense 
and not at the expense of the City Government. 
Gentlemen, yon must bear in mind that small 
leaks sink great ships. 

Mr. Coe — I am very glad the gentleman from 
Ward 19, who signs this report, has taken the 
position he has in regard to it. Those of us who 
were here two years ago will remember w611 the 
abuses that existed at that time. Committees 
would go out and spend several hundred dollars 
for refreshments; but individual me'mbers who 
did not go and did not partake a1 all, had to bear 
a share of the abuse. Under the lule adopted last 
year the names of those who had refreshments 
appeared upon the bill, and the names of those 
who did not indulge did not appear. I believe 
that at certain times the city is bound to furnish 
its servants with a good square meal when they 
have done a good day's work; but I am not in fa- 
vor of covering it up, as proposed by this amend- 
ment. [ tell the members of this body they can- 
not afford to adopt this amendment, and I hope 
it will be defeated. 

Mr. Rosnosky of Ward 16 — The gentleman states 
he would like to have members give their names 
on the bills. I don't object to that. But gentle- 
men remember that under the rules of last year 
no wines or cigars should be used. I asked the 
members of last year and they stated that when 
they went out they had all the wine and cigars 
they wanted. If the rule is that we shall not 
have wines or cigars, I don't want members to 
have them. Therefore, I am in favor of adopting 
this amendment. I don't think the taxpayers 
of Boston would object to members of a com- 
mittee having a glass of wine or a cigar 
at dinner, but I don't like to vote tor a rule that 
we shall use no wine or cigars and then go out on 
a committee and afterward go to Young's or Par- 
ker's and have liquors or cigars. If they are to 
be used I think a record should be kept of it, and 
I am willing that my name should go upon the 
bill. 

Mr. Brawley— If the gentleman from Ward 16 
will read the rules correctly and remember them, 
he will hear in mind that liquors and cigars are 
not excluded. Any member of the committee 
may have wine and cigars at a dinner, but before 
that bill IS paid it must be approved by 
a majority of the committee. That is a 
proviso in order that an abuse may not exist. 
Rule 20 did not prohibit any member from having 
liquor or from smoking a cigar. All that the rule 
required was that a vote of the committee should 
be passed before that bill was paid. I think that 
is a good proviso. It is not asking too much if 
members of a committee wish to have wine or 
cigars at a dinner, that they should vote to do so. 
AU that the rule asks is that meiilbers of the com- 
mittee shall vote to approve the bill when liquors 
and cigars were used. I don't see anything wrong 
in it, and I do see a good deal of good from it. 

The amendment proposed by the committee 
was lost— yeas 8 nays 58 : 



JANUARY 16 



1879 



26 



Yeas— Messrs. Anthony, Cavana.a;h, C. F. Doher- 
ty, Kelley, McGaragle, McLaugblin, O'Brien, Ros- 
nosky— 8. 

Nays — Messrs. Austin, Barry, Blakemore, Bow- 
ker, Brawley, Brown, Bunten, Cannon, Cbristal, 
Clapp, Coe, Colby, Costello, Devine, Devlin, J. J. 
Doberty, J. Doberty, Dudley, Fisher, Furlonff, 
Greenougb, Hancock, Hart, Hayes, Healy, Hilton, 
Howard, Kendricken, Kidney, Lauten, Locke, 
Lovering, Maguire, McGahey, Morgan, Morrison, 
Mullane, Murphy, Nason, O'Dowd, "farkman, Per- 
kins, Plimpton, Pray, Rust, H. N. Sawyer, J. A. 
Sawyer, N. Sawyer, Sibley, Stearns, Sweeney, 
Swift, Taylor, Ward, Wheeler, Wolcott, Woolley, 
Wyman-SS. 

Absent or not voting — Messrs. Brintnall, Den- 
ney, Mowry, Sliepard, Sweetser— 5. 

The original rule, with "including items" in- 
serted, was ordered to a second reading. 

Rv.le21. The committee's amendment to this 
rule provided for striking out the words "includ- 
ing items" in the first and second lines of the 
pocket edition. The rule of 1878 was as follows— 
with the proposed amendments in italic: 

"All bills for refreshments or carriages includ- 
ing items, incurred more than three months pre- 
vious CO the date of their presentation to the Au- 
ditor, shall go before the City Council for approv- 
al." 

Mr. Wolcott — Tbis may appear a very slight 
amendment, but I should like to say to the Coun- 
cil that the phraseology of tbis rule was intended 
to tit a special case. It was found that old bills 
whdch had been presentedjto the Auditor within 
three months had a single item added to 
them in order that they inight come with- 
in the three months' rule. Of course mem- 
bers may see that it is a question whether 
that is a proper construction. But in order 
to prevent that construction this provision was 
adopted. If it is not intended to make any radi- 
cal change in the rule of last year, I hope this 
rule will remain. 

Mr. Devlin of Ward 13— Before we take action 
in regard to this rule, I should like to inquire 
from the Committee on Rules what the reasons 
for changing this particular section are. 

Mr. Rosnosky — The gentleman who made this 
change in the committee was Alderman Kelly. 
He wanted to have this change, and the member 
on the part of the Council did not make any ob- 
jection. I have asked the reason why he wanted 
It done, and he did not take it as the gentleman 
from Ward 11 states it. He says that if he should 
take a stew at Young's or Parker's it would have 
to appear on the bill that he had a stew for din- 
ner, aod that is the way I understood it. 

Mr. Devlin— It appears to me that the reasons 
given by the gentleman from Ward 16 are not 
'sufficient to convince me, at least, in favor of vot- 
ing for this change, and I hope there will be no 
change made in regard to the rules of last year. 
I move that when action on this matter is taken 
it be by yeas and nays. 

The yeas and nays were not ordered. 

The amendment to lule 22 was adopted and the 
rule as amended was ordered to a second read- 
ing. 

The joint rules and orders as above amended 
were then read by the titles and passed. 

subsequently Mr. McG-aragle of Ward 8 moved 
a reconsideration, hoping it would not prevail. 
Lost. Sent up. 

EAST BOSTON FEEEIES. 

The special assignment for nine o'clock was 
then taken up, namely— Order to petition for the 
right to be given to the Board of Aldermen to levy 
and collect tolls on East Boston Ferries or to 
maintain them free of all tolls. 

Mr. Sweeney of Ward 2 stated that Mr. Shepard 
of Ward 1, who offered the order and was absent 
this evening, had requested him to look after it, 
and as the time was limited for presetiog new 
business to the Legislature, he hoped it would 
take the usual course. 

The question was upon the passage of the 
order, 

Mr. Wheeler of Ward 10 offered an amendment 
as follows: 

Add the words "Which act shall provide for its 
submission to the legal voters of the city of Bos- 
ton for ratification, and prevail at the nest muni- 
cipal election after its passage." 

Tbe question was upon the adoption of the 
amendment. 

Mr. Wheeler of Ward 10— This matter being one 
of great imporance— and I assume that it looks to 
the freeing of the ferries and one which will in- 



volve the city in a large annual expenditure, in 
fact nearly equal probably to the amount of taxes 
paid by the East Boston wards, and an expenditure 
which will equal, at least, probably five per cent, 
on $5,000,000-1 think it is only fair that it should 
be submitted to the people for their adoption; 
and for that reason f have prepared and submit- 
ted the amendment. Before taking my seat I 
would like to ask if any one has obtained the 
opinion of the City Solicitor upon the constitu- 
tionality of the act. 

Mr. McGaragle— I would ask the gentleman 
who has just taken his seat, whether the getting 
of the act is going to create the additional ex- 
pense of five per cent, on five millions of dollars a 
year. I would like to know how that is going to 
be done? 

Mr. Sweeney of Ward 2—1 don't understand 
that we are talking about freeing the ferries. I 
don't understand that there is any expense in 
this matter. If I understand the order, it is that 
the Committee on Legislative Affairs shall 
ask from the Legislature the privilege 
of the city of Boston running ferries as 
they see tit. When that question comes up, then 
I shall be in favor of the amendment going in. At 
present I am not in favor of the amendment. The 
freeing of the ferries has nothing to do with the 
matter. 

Mr. Coe of Ward 23—1 would ask the gentleman 
who last spoke whether he does not consider the 
adoption of this order will be a step in the direc- 
tion of free ferries? 

Mr. Sweent'y- No, sir; I cannot say that I do. 
It will put it in the hands of the Board of Alder- 
men to do as they see tit. In the course of time 
when we get that privilege ft shall come before 
the City Government for action, then members 
would vote as they see tit whether they should re- 
duce the tolls or not. 

Mr. Wolcott— I hope the amendment will pre- 
vail. It is perhaps the only fair way out of this 
important question of freeing the Kast Boston 
ferries. It has been in city politics tor several 
years and is likely to be for many more. In con- 
cluding his remarks the gentleman from Ward 
10 asked whether the City Solicitor had been con- 
sulted in relation to the constitutionality of the 
proposed act. It is ao open question 
whether it is within the province of the 
Legislature to authorize any municipality to tax 
its citizens for the purpose of maintainin'g a free 
line of steamers, because it seems to me that this 
calling of free ferries simply a highway is a mere 
confusion of terms, and covers up the real state 
of the facts. There are many and great differ- 
ences between any possible highway and the run- 
ning of a free line of steamers. A highway is 
open, and must be kept open at all hours of the 
night. I don't suppose ariy one proposes that if a 
man comes down to the ferry at any hour 
of the night and claims a passage across. 
It will be necessary to "keep a boat 
there for him. It is a phrase that has been used 
here, and I think it simply befogs the question. 
In regard to the reference to the Board of Alder- 
men by the gentleman from Ward 1, for whose 
fairness I have had a high opinion, I see why he 
wishes to have it go to them. They represent rhe 
Surveyors of Highways and the County Commis- 
sioners, and therefore that reference seems to be 
proper, on the hypothesis that it is a high- 
way. Without any sectional or partisan view, 
Ig wish to say, what every member knows, 
that the question of freeing the East Bos- 
ton ferries is a peculiar one. The people of the 
island wards are united upon it, and it is natural 
they should be. There are very few questions to 
come up in our city affairs on which any section 
is so united as in this<(case. It has been freely 
stated that the citizens of East Boston can, by 
throwing a solid vote, defeat any candidate for 
the Hoard of Aldermen, and in that way secure a 
Board really in the interest of freeing the ferries. 
I do not wish in any way to throw any anim- 
adversions upon the citizens of East Boston 
for doing this. I dare say if T lived there 
I should vote in the same way. But it is a mat- 
ter of fact that the citizens of the rest of the city 
regard the matter from an entirely different 
point of view. The question of cost is difficult to 
discuss; but I am willing to take the very lowest 
tigures stated by the strongest supporters of this 
measure. Two years ago, in a report from the 
Directors of East Boston Ferries, Mr. Kelly stated 
he would be willing to take a contract to run 
the terries tree for five years for sev- 
enty to a hundred thousand dollars a 



27 



COMMON cou:ncil. 



year. Even taking those figures I should 
very much doubt whether Mr. Kelly would not be 
caught upon this contract; vet gentlemeu will 
see that that amounts to five per cent, on three 
and a half million dollars. It seems to me that tha 
is an extraordinary measure for the city to Under- 
take at the beginning of a year of economy and 
retrenchment, to saddle upon the city for all time 
an annual expenditure which amounts to the in- 
terest on a, debt of three and a half millions. 
That is the most reasonable showing any- 
body will be able to give. But there 
is this to be said about the proposition referred 
to, that it limits the operation of the contract to 
five years. We know tnat whatever it may -he in 
five years, it must increase. New boats will be 
wanted, and new slips; the population ot Essex 
County will pour in ; the population ot East Bos- 
Ion will increase; and the anoual cost must 
get bigger and uigger. It is claimed by 
the supporters of this, that it is a matter 
which interests the city at large ; that 
the commercial prosperity of Boston is in- 
timately connected with the prosperity ot East 
Boston, which is true, and that at the present 
time, when competition is so very close, a 
very trivial extrn charge on moving a ton of 
freight from a steamer to the producer may 
change tbe whole drift of business and send it to 
other ports. That is true. But if this is such a 
matter ot importance to the city ot Boston, it is 
natural that the whole city should see it. Boston 
has not been so blind to her own in- 
terest hitherto, as not to add to her 
commerce; and if the mercantile interest are 
couvinced that free ferries will add to the pros- 
perity ot Boston, they will say so at the polls. I 
think it is a question which can be submitted to 
the people with the utmost fairness. Other great 
questions have been so sunmitted, notably the 
water supply and park questions. This involves 
a large expenditure, and as it affects sectional in- 
terests chiefly, It is one which the citizens at large 
may fairly be left to settle at the polls. If 
they decide in favor of it, no oue will 
then oppose it. But at this time, when 
taxes press so hard upon our citizens, when re- 
trenchment and economy are the cry of both 
parties, it seems to me we should hesitate long 
before adding so large and indefinite an expendi- 
ture as this to the annual tax levy ; for it is a sum 
that will grow trom year to year, as we all must 
know. 

Mr. McGaragle — If I understand that order cor- 
rectly it is that the Mayor ot Boston shall peti- 
tion the Legislature for an act giving the Board 
of Aldermen the power that they now have of 
controlling and regulating tolls on the East 
Boston ferries. Thfre is nothing said about 
whether we propose to run the terries free or 
whether we propose to pay bonus to individuals 
and teams going over them. There is, certainly' 
nothing to cause the great waste of material by 
the gentleman from Ward 11. Granting that the 
act is passed by the Legislature, can anybody say 
what the City Government will do afterward? 
The time to ofEer the gentleman's amendment is 
after we have passed the order to go to the Legis- 
lature, and the committee report the bill that is 
presented. We have just adopted a rule requiring 
them to report all such rules in print. There is 
no question about how much money it is going to 
cost or anything of the kind. It is merely to pe- 
tition for the right to regulate the ferries. 1 am 
suriDrised to liear dthe gentleman say that it will 
increase the indebtedness of the city three and a 
half million of dollars. We could not do that, be- 
cause we are already within one million dollars of 
the limit. 

Mr. Wolcott— I did not intend to say we should 
increase the debt of the city to that extent. I 
said that we should add to our annual expenditure 
an amount that will equal the interest upon that 
indebtedness. 

Mr. McGaragle— I certainly misunderstood him, 
if he spoke then as he does now. But, it I am 
wrong, I will stand corrected. When the author- 
ity is granted tuem and they make out some form 
ot petition, the Committee on Legislative Affairs 
is bound to report back in print at the earliest 
opportunity, and then the gentleman should have 
a chance to present the amendment. 

Mr. Morgan — I can hardly see the necessity tor 
adopting this amendment at the present lime. 
The order is plain. It is to petition tor an act 
giving the Board of Aldermen the privilege of 
collecting tolls on the East Boston ferries or 
make them free. jOf course, when this goes to the 



Legislature, a hearing will be given upon tLe 
matter, and those in opposition to the free-terry 
plan can be heard, and when this matter is re- 
ported back the Council can act upon it. We can- 
not undertake to say that the Legislature is going 
to give to the city of Boston free foliage. I think 
the amendment is entirely unnecessary. 

Mr. Parkman of Ward 9 — It seems to me that 
now is the time to adopt the ameudment, because 
section 11 provides that the report of the Legisla- 
tive Committee should be made at a meeting of 
either branch after such application is made, or 
earlier, at the discretion of the committee. It 
leaves it to tne discretion ot the committee 
whether the amendment shall be printed. It 
seems to me that now is the proper time tor the 
adoption of the amendment of the gentleman 
from Waid 10. 

Mr. Lauten of Ward 14—1 think it would be fair 
to give the gentleman who introduced tbis order 
an opportunity to be heard upon the question, 
and 1 move that the order be specially assigned 
to the next meeting at eight o'clock. 

Mr. SteariSs of Ward 24—1 cannot see tne ob- 
jection to letting the amendment go before the 
people. 

.Mr. Brawley of Ward 19— The argument always 
has been that the time to argue a motion is after 
it comes back to us from the Legislature. Last 
year, when orders were offered in the Council 
giving the Mayor power to petition the Legisla- 
ture for an act to establish a police commission, 
the main argument, the whole aigument and the 
only argument was that the time for argument 
on the main question was when it came back from 
the Legislature. I am certainly somewhat sur- 
prised to find some of those gentlemen taking 
an opposite view this year. The Council is 
not asked to give its vote on tbe passage of free 
ferries. It is simply to ask the Mayor to petition 
tbe Legislature. I think it is a fair order and I 
hope it will pass, and that when it comes back 
from the Legislature the amendment will be of- 
fered and discussed. I hope that no amendment 
will be talked on to defeat it tonight., I believe in 
giving every man a fair chance to get his orders 
into the Legislature at a fair time. 

Mr. Wolcott — In reply to the gentleman who 
has just taken his seat, I would say I don't under- 
stand in what way this can come back to the 
Council to be acted upon. Tbis act is to confer 
certain powers upon the Board of Aldermen, and 
if it is passed I don't see how it can come back to 
the Council to be acted upon. Those other acts 
distinctly state in their terms that they should 
take elf ect when accepted by the City Council; 
but this act, as petitioned for, will not appear 
again in this chamber. If there is anything in 
the order 1 have missed I will certainly be glad to 
be corrected. 

Mr. Sibley of Ward 5—1 can see no objection to 
asking the Legislature for this privilege. I have 
generally been in favor of going to the Legislature 
tor power and leaving to the City Council to de- 
cide upon the details in matters of municipal reg- 
ulations. IMow, providing this act is granted, what 
can be the difference between the Mayor and Al- 
dermen having charge ot the ferries and having 
charge of the streets of Boston as they now have? 
We voted an appropriation for streets. We have 
voted fourteen hundred thousand dollars for pav- 
ing. After the Council has passed that vote the 
Board of Aldermen may put every cent 
of that money into East Boston, and 
we cannot say a word. We have no voice in rela- 
tion to paving, or bridges, or lamps, or many 
other departments after we pass tne appropria- 
tion. I cannot see any danger in giving the Board 
of Aldermen this privilege the same as that in 
regard to other highways. The gentleman from 
Ward 10 says this cannot be considered as a high- 
way. If it is not a highway what is it used for? 
It is all the highway there is to and from East 
Boston. East Boston needs no defence from 
me. She is a part of Boston, and if she is 
poor she nevertheless pays so much tax. I 
voted for free ferries two years ago. I 
look back to the proceedings of the Aldermisn in 
1871, and find that Henry L. Pierce (since twice 
mayor of Boston), George W. Pope, Leonard R. 
Cutter and other men unanimously voted for free 
ferries, and it was barely defeated by one vote in 
the Council. I think there is nothing unfair or 
unjust in giving the control of the ferries to the 
Board of Aldermen. 

On motion of Mr. Wolcott, the main question 
was ordered. 



JAJSIUARY 16 



1H79 



38 



On motion of Mr. Wolcott the yeas and nays 
were ordered. 

The amendnaent was adopted— yeas 33, nays 32. 

Yeas— Messrs. Anthonj, Austin, Blakemore, 
Brown, Cannon, Clapp, Coe, Colby, Dudley, Fish- 
er, Grreenough, Hart, Healy, Howard, Kelley, Lau- 
ten, Maguire, Morrison, Nason, O'Brien, Park- 
man, Perlsins, Plimpton, Pray, H. N. Sawyer, N. 
Sawyer, Stearns, Switt, Taylor, Ward, Wheeler, 
Wolcott, Wyman— 33. 

Nays— Messrs. Barry, Bowker, Brawley, Bunteu, 
Cavanagb, Christal, Costello, Devine, Devlin, 
C. F. Doherty, J. J. Doherty, J. Doherty, Furlong, 
Hancock, Haybs, Hilton, Kendricken, Kidney, 
Locke, Lovering, McGahey, McGraragle, Mc- 
Laughlin, Morgan, MuUane, Murphy, O'Dowd, 
Kosnosky, J. A. Sawyer, Sibley, Sweeney, Wool- 
ley— 32. 

The order was passed. Sent up. 

BILLS TO BE APPROVED. 

The order Co approve bills for expenses of mem- 
bers of the Council was taken up, by special as- 
signment, and was amended, on motion of Mr. 
Brawley, in accordance with the rule in regard to 
refreshments, etc., and as amended was passed. 

PETITIONS PRESENTED. 

Sundry petitions were received against the re- 
election of Charles Harris, Superintendent of 
Streets. Referred to Special Committee on Nom- 
ination of Superintendent of Streets. Sent up. 

NOMINATIONS. 

Sundry reports were presented from special 
committees to nominate city oflScers recommend- 
ing the election of members of boards of direc- 
tion, as follows: 

By Mr. Brawley of Ward 19— Trustees of Mt. 
Hope Cemetery, Alderman Charles Hayden, Coun- 
cilmen A. F. Lauten and James Devine. 

By Mr. Taylor of Ward 16— Trustees ot City 
Hospital, Alderman Joseph A. Tucker, Council- 
men James J. Barry and F. F. McGraragle. 

By Mr. WooUey of Ward 1— Directors of East 
Boston Ferries, Alderman Charles H. B. Breck, 
Councilmen James Doherty and Benjamin Brint- 
nall. 

By Mr. Colby of Ward 18— Trustees of Public 
Library, Alderman Hugh O'Brien, Councilman 
Roger Wolcott. 

By Mr. Wolcott of Ward 11— Directors for Pub- 
lic Institutions, Alderman Clinton Viles, Council- 
men John Taylor and Paul H. Kendricken. 

SKATING ON PUBLIC GARDEN POND. 

Mr. Mullane of Ward 12 submitted a report 
from the Committee on Common and Public 
Grounds in regard to .skating on Public Garden 
Pond, representing the appropriation of that de- 
partment was not suflBcient to ^eet the expense, 
and recommending the passage of an order that the 
Joint Standing Committee on Health be lequest- 
ed to keep the surface ot the ice on Public Garden 
Pond in good condition, whenever the weather 
permits, for skatiog, by causing it to be kept 
clear ot snow, and by flooding it at suitable 
times, or by any other practicable means; the ex- 
pense to be charged to the appropriation tor the 
Health Department. 

The order was passed to a second reading. 

Subsequently, on motion of Mr. Plimpton of 
Ward 21, the rule was suspended and the order 
was passed. 

Subsequently, a motion to reconsider by the 
same gentleman, hoping it would not prevail, 
was rejected. Sent up. 

TOPICS IN THE MAYOR'S ADDRESS. 

Mr. Kidney of Ward 6 submitted a report from 
the committee to whom was referred the Mayor's 
address recommending the passage of the follow- 
ing: 

Ordered— That so much of the Mayor's address 
as relates to the County Court House be referred 
to the Committee on County Buildings. 

That so much of the Mayor's address as relates 
to commissions and the city charter be referred 
to a joint special committee, consisting of the 
Chairman and one member ot tlie Board of Alder- 
men and the President and two members of the 
Common Council. 

That so much of the Mayor's address as relates 
to finance be referred to the Committee on 
Finance. 

That 80 much of the Mayor's address as relates 
to the improvement of the Back Bay Park be 
referred to the Joint Special Committee on Pub- 
lic Parks. 

That so much of the Mayor's address as relatet 



to industrial schools be referred to the Joins 
Standing Committee on Public Institutions. 

That so much of the Mayor's address as relates 
to the Public Library be referred to the Joint 
Standjne: Committee on Public Library. 

That so much of the Mayor's address as relates 
to Public Institutions be referred to the Joint 
Standing Committee on Public Institutio,ns. 

That so much of the Mayor's address as relates 
to the Police be referred to the Joint Standing 
Committee on Police. 

That so much of the Mayor's address as relates 
to reducing the expenses of maintaining the Fire 
Department be referred to the Joint Standing 
Committee on the Fire Department. 

That so much of the Mayor's address as relates 
to reducing the cost of lighting the public streets 
be referred to the Committee on Lamps. 

That so much of the Mayor's address as relates 
to abating the Stony Brook and Muddy River 
nuisances be referred to the Joint Special Com- 
mittee on Stony Brook. 

That so much of the Mayor's address as relates 
to the assessment of taxes be referred to the 
Joint Standing Committee on Assessors' Depart- 
ment. 

That so much of the Mayor's address as relates 
to the registration of voters and the incorporation 
of the Trustees of the City Hospital be referred 
to the Joint Standing Committee on Legislative 
Matters. 

Mr. Coe inquired what was done with the rec- 
ommendation of the Mayor in regard to a Board 
of Public Works. 

Mr. Kidney said he was not at the meeting, and 
Mr. Locke said he was there only a short time, 
but did not hear it mentioned. 

The order was passed. Sent up. 

COMMITTEES ORGANIZED. 

Mr. Wolcott reported that the Committee on 
Accounts had organized by the election of Solo- 
mon B. Stebbins as chairman on the part of the 
Aldermen, Roger Wolcott as chairman on the 
part of the Council, and John a. Kidney as 
clerk. Placed on file. 

Mr. Coe announced that the Committee on Fi- 
nance of the Council had organized by the choice 
of John H. Locke as Chairman and Alfred T. 
Turner as clerk. Placed on file. 

THE PAUPER DEAD. 

Mr. Rosnosky of Ward 16 offered an order— That 
the report on the disposi ion of unclaimed bodies 
of deceased paupers be taken from the files and 
referred to the Joint Special Committee on Leg- 
islative Matters. Read twice and passed. 

COMMITTEES. 

The President announced the following com- 
mittees : 

Joint Standing on Police— Kidney of Ward 6, 
Maguire of Ward 19 and Hancock of Ward 1. 

Joint Standing on Ordinances— The President 
ex officio, Kendricken of Ward 20. Wolcott of 
Ward 11, Locke of Ward 14 and Colby of Ward 18. 

Joint Standing on Legislative Affairs — The 
President ex officio, O'Dowd of Ward 6 and Healy 
of Ward 10. 

Joint Special on Treatment of the Poor— Lauteu 
of Ward 14, McGahey of Ward 7, Costello of Ward 
22, Sawyer ol Ward 24 and Anthony ot Ward 19. 

Joint Special on Copies of Mayor's Address re- 
lating to the City Charter and Commissions— The 
President ex officio. Kendricken ot Ward 20 and 
Colby of Ward 18. 

Mr. Plimpton offered an order— That the Com- 
mittee on Ordinances be requested to give a hear- 
ing: on the subject of the propo.sed amendment 
to the ordinance in relation to suivey and inspec- 
tion of buildings. Read twice and passed. Sent 
up. 

VICTUALLERS' LICENSE. 

Mr. Mullane of Ward 12 offered au order— That 
the Committee on Legislative Matters be and is 
hereby instructed to oppose the netition of 
the City Government of Boston" now be- 
fore the Legislature praying for the pas- 
sage of an act to transfer to the Board 
of Police Commissioners the powers conferred 
upon the Board of Aldermen of this city by chap- 
ter 241 of the acts of 1878, entitled "An act to 
amend chapter 88 of the General Statutes relating 
to innbolders and inn victuallers." 

The order was passed to a second reading. 

Mr. Wolcott thought it would put the city in an 
anomalous position to oppose a petition of the 
city now before the Legislature. In order to have 
a thorough explanation of the matter, he moved 



29 



COMMON OOrJNClI^, 



the special assigntnetit of the order to the next 
meetiDg; at half-past eight o'clock. 

Mr Mullane hoped the assignment would not 
prevail, as the time was limited. 

Mr. Wolcott said he was not familiar with the 
subject, and presumed other members were in 
the same position. 

Mr. Brawley explained that it had reference to 
the order passed last year at one meeting and re- 
considered and discussed at the next meeting. 
The assignment would give no additional in- 
formation. 

Mr. Parkman desired more information and 
favored the assignment, as did also Mr. Coe, and 
after brief explanations of Messrs. Brawley and 
Mullane, the motion to assign prevailed. 

WARDROOM FOR WARD TAVELVE. 

Mr. McGaragle of Ward 8 offered an order- 
That the Joint Standing Commictee on Public 
Buildings be instructed to consider and report 
upon the feasibility of affording a suitable ward- 
room to the vorers in Ward 12, Read twice and 
passed. Sent up. 

CITY CHARTER. 

Mr. McGaragle offered an order— That his 
Honor the Mayor be requested to petition the 
Legislature for the passage of an act containing 
the provisions ot the city charter, Acts of 1854, 
chapter 448, remaining in effect Dec. 31, 1878, and 
that the Joint Standing Committee on Ordinances 
be directed to have prepared a suitable draft of 
said act. Read twice and passed. Sent up 



RINGING OF THE BELLS. 

Mr. Christal offered an order— That the Commit- 
tee on Fire Department consider tbe expediency 
of reporting an order that the Board of Fire 
Commissioners be requested to continue the cus- 
tom of ringing the bells at stated hours of the 
day as heretofore i)ractised. Read twice and 
passed. Sent up. 

BALANCES OF SPECIAL APPROPRIATIONS. 

Mr. Coe offered an order — That the Committee 
on Finance be requested to ascertain and report 
to the City Council whether there are any special 
appropriations or unexpended balances ot special 
appropriations which are not required for the 
purposes for which they were set apart, which 
can be transferred or used in reducing taxation 
or the reduction ot the public debt. Read twice 
and passed. Sent up. 

INTERMENTB, 

Mr. Taylor of Ward 16 offered an order— Tha- 
the Joint Standing Committee on Health be re 
quested to obtain and report the evidence and 
arguments in regard to the nroposed removal of 
tODjbs from under St. Paul's Church in Boston, 
and also to report the extent to which interments 
in tombs within the city limits continue to be 
made. Read twice and passed. Sent up. 

Adjourned, on motion of Mr. Plimpton. 

[In the report of the last meeting the name of 
Mr. John P. Brawley was accidentally omitted 
from the list of nominations for members of the 
Finance Committee.] 



30 



BOJLRU of A1^ JJERiVLEN, 



CITY OF BOSTON. 



Proceedings of the Board of Aldermen, 

JANUARY QO, 1879. 



Regular meeting- at four o'clock P. M., Aldertnam 
O'Brien, Cbairman, presiding:. >,,^ s. 

EXECUTIVE APPOINTMENTS. 

Constables — Arthur F. Anderson, Joshua Broth- 
ers, George Loring. Confirmed. 

Coal Weiijber — T. Georg;e Joyce. Confirmed. 

Public Weigher— Frank W. Dallinger. Con- 
firmed. 

PETITIONS REFERKED. 

To t/ie Committee on Survey and Inspection of 
Buildings on the part of the Board. Valentine 
Simmons, Ji-., for leave to project a druggists' 
mortar at the corner of Treujont and School 
streets. 

To the Comm,ittee on Arm:ories. Dexter H. Fol- 
let, for repairs on headquarters of First Cavalry; 
Company A, Fifth Regiment, tor more suitable 
armory accommodations; Company E, Ninth In- 
fantry, for approval of armory at corner Cbauncy 
and Essex streets. 

To the Vommittee on Lamps. Zaccbeus Holmes 
et al., for gas lamp at 54 Appleton street. 

United States Street Lighting Company, for the 
introductien of gasoline street-ligbts, in place of 
the gas lamps in this city. 

To the Vommiitep on Health on the part of the 
Board. James M. Conlan, for the vacation of at 
stable owned by Isaac Meserveon Marcella street; 
petitions for leave to occupy stables as follows: 
Lyman A. Belknap, brick and wood, forty horses, 
on Hancock street, near Columbia; Gilbert Waitt, 
new addition to wooden stable, four additional 
horses, on Lowland street, opposite Newman 
street; Boston Protective I>ei)artment, new 
brick, three horses, on Hamilton street, corner 
Hamilton alley. 

To the Joint Votnmittee on Claims. Michael 
Finn, to be compensated for personal injuries 
caused by a fall on Charter street, Jan. 11, 1879; 
Jeremiah Reagan, to be compensated for iujuiies 
received by the tall of a bale of woof upon him in 
Purchase street, Aug. 15, 1878-; Benjamin H. Stin- 
son, for adjustment of his claim for labor per- 
formed on steamer Henry Morrison; W. E. Bart- 
lett. to be paid for services rendered in the erec- 
tion of the Andrew Sohoolhouse, South Boston. 

To the Committee or> Paving. W. J. R. Evans 
ei a<.. that Hyde Park avenue be graded frora 
Morton to Walk Hill street. 

To the Joint Comttittee on Ordinances. Tl-om- 
as Gogin etal. and Harrison P. Snutheref al., that 
the boys may be allowed to coast on West Sixtb 
street. 

THE MASSACHUSETTS CHARITABLE MECHANIC 
FAIR BUILDING. 

The ff llowing was received : 

The undersigned, manager of the Orthodox He- 
brew Fair, now iieing held in the buildings for- 
merly occupied by tbe Massachusetts Charitable 
Mechanic Association, respectfully represents 
that the objects ot the fair are: 

First — To nay off theindebtendessot the church. 

Second— For the erection of a hospital for de- 
serving Israelites, after tbe style of the Mt. Sinai 
Hospital in New York. 

The Legislature or 1878 passed an act providing 
that the building should be removed whenever 
ordered by the Board of Aldermen, and in any 
event not* later than the first day of March, 1879. 
Subsequently the City Council passed an order 
providing that the said building shall be removed 
on the first day of February, 1879. The under- 
signed respectfully petitions your honorable body 
that the building may be allowed to stand until 
the first day of March, which is the limit of time 
provided by the act of the Legislature. 

ALFRED A. Marcus. 

Alderman Stebbins— The difficulty with that 
petition is that Mr. Marcus has no rights in the 
premises whatever. By an act of the Legislature, 
the Massachusetts Charitable Mechanic Associa- 
tion were allowed to erect and maintain this 
building subject to the order of the Board of Al- 
dermen. Now, Mr. Marcus comes in and asks 
^ that he may be granted the privilege of maintain- 
'ing the building until the 1st of March. I submit 
that it is not competent for this Board of Alder- 



men or the City Council to grant Mr. Marcus this 
privilege. If the Massachusetts Charitable Me- 
chanic Association should ask for this extension, 
it might, perhaps, be worth while to consider it, 
although"! doubt very much whether the time 
should be extended. I aon't see how we can 
grant Mr. Marcus any privilege in this matter. 
We don't know him. We only know the Massa- 
chusetts Charitable Mechanic Association, and 
we only granted them the privilege by vir- 
tue of an act ot the Legislature, and 
we have not the power to grant the privilege to 
any other person. I don't know what we can do 
with the petition, unless we place it on tile. We 
certainly cannot grant the request. Unless some 
other motion if made, I will move that the peti- 
tion be placed on flle. We do not know Mr. 
Marcus. We only know the Massachusetts Char- 
itable Mechanic Association, and they have been 
ordered to remove the building by the first of 
. February. 

Alderman Tucker — I would inquire if the Char- 
itable Mechanic As ociadon derive any benefit 
from the extension of this time? 

Alderman Stebbins— As I understand the mat- 
ter, the Massachusetts Charitable Mechanic Asso- 
ciation have sold the building to Mr. Marcus, and 
he has paid them for it. Of course, the building 
is worth tar mo>e ts Air. Marcus, if it could re- 
main than it would be if he had been obliged to 
remove it at once. It must be borne in mind, 
that the building covers not only the lots of land 
owned by the city, but portions of the public 
streets over which we have no right to allow any 
encumbrance to be erected. Near the close of 
last year, the citizens residing in thit neigbbor- 
hood petitioned this Board for the removal of the 
building forthwith. It is a wooden building, and 
in case of fiie would endanger the property in 
that vicinity. Unless some other disposition is 
proposed to be made of it, I would move that the 
petition be placed on file. 

The petition was placed on file. 

PROPOSED ALDERMANIO DISTRICTS. 

The order for thd Mayor to petition the General 
Court for a new method of electing Aldermen, 
viz., six Aldermen to be elected annually in al- 
dermanic districts, was considered under unfiii- 
ished business. 

The question was upon the passage of the or- 
der. 

Alderman Kelly — Personally, I have no particu- 
lar desire that this order should pass, but I have 
offered it for the interest of the city of Boston. I 
do not think it will concern me long whether the 
Aldermen are elected on a general ticket or by 
districts; bur I have a few reasons for offering 
The O'der at this time. In tbe first place, it is 
necessary that whatever legisl^tlou is necessary 
Should be pressnted before the 22d of February, I 
believe. One of the great reasons, in my opinion, 
why the Aldermen should be elected by districts 
we see here today in the fact that the large 
district of Chailestown is not represented 
in this Board. I know it can be said that the. peo- 
ple of Charleslown are ably represented by the 
members of the other branch of the Government, 
and as much so as any other district. But it 
seems to me no one can assume that, with the 
large amount of money appropriated and expend- 
ed under the direction of this Board, any man can 
represenc Charlestown as well a? one living in 
that district. Twenty-five years ago I was a mem- 
ber of tbe other branch ot the Government, and— 
entirely out of place at that time, as 1 tliink — I 
was appointed by the President upon the Com- 
mittee on Ordinances. We then had but eight 
Aldermen. Tbe Alderman who represented South 
Boston— Josiah Dunham, now dead— was on the 
same committee, and we met to revise the mode 
of electing Aldermen. Mr. Dunham and myself 
were the only two at that time in favor of 
electing the Aldermen by distiicts. We 
then had but twelve wards. The rest of 
the committee, composed of people who 
did not represent the same interest I did, were ad- 
verse to the election by districts, and favored an 
election by general ticket; and they were opposed 
to an election by districts for reasons which do 
iiot now exist, because there is less bigotry than 
there was then. It is not necessary to state those 
reasons, because I find that on this Board the 
very element that they feared at that time is here 
represented by both parties. So that considera- 
tion has passed away. I say, then, that the more 
remote oarts of the city of "Boston can be better 
represented by the people who live in those vicin 



JANUARY 2 



187 9 



31 



ities than by people around City Hall. People 
from tbe outlyirg sections pass through our 
streets here every day, buc those living here do 
not go to Brighton, East Boston, Charlestown or 
West Roxbury, and those sections are not so 
much favored. I think it is doubtful if many of 
the Aldermen here ever went to East Boston, 
though I may be mistaken. Certainly there are 
few whoever go to Dorchester, and some that very 
seldom visit Charlestown. But, still, they are 
a part and parcel of Boston, and they are asked 
to pay their proportion of the expense of the city. 
For my part, had I inti-oduced this order precisely 
as I would like to have had it, I would have had 
elected four Alddrmen each year and have four to 
go out instead of six. But I thouaht that might 
be considered too radical a change, and that the 
people are not prepared for it. So I put jt in the 
mild form that six should go out. I do not know 
what arguments can be used in opposition to it. 
It certainly must be that people having an inter- 
est in a man will be represented by the man of 
their choice. It certainly is a fact that a man 
living in a certain section is better known to a 
majority of the people there than one living at a 
remote distance; and, although he may not be 
the ablest man, still he is the choice of those peo- 
ple, and it is no more than right that they should 
be represented by the man of their choice. There is 
another question. I believe, as much as I believe 
that 1 am piesent here, that it is required (it 
must come in the future in this city), and that the 
people have a feeling and regard for every inter- 
est in the city, and also for the people who have 
to pay the taxe^. I think it has Cecome a common 
thing that the State, city and town governments 
throughout the United States, for the last twenty 
years, have been growing in the feeling that if 
we have not the money to do this, we will borrow 
it — a principle entirely wrong, anti -republican 
and anti-democratic, in my opinion. a.nd there- 
fore large majorities— though they may be of my 
party, which 1 believe to be the most honesi one 
that there is; but at the same [time, as honest as 
they are, there may be rings formed, such as 
there was in New York — holding power for a long 
time may become corrupt. But when this city 
elects its Aldermen by districts there is always a 
certainty that there will be a large repre- 
sentation upon the opposite side, no mat- 
ter whether the majority be Democratic 
or what is termed Republican. Therefore, 
in order to have a purs and just representation, 
the public requires large and wholesome minori- 
ties. That is one great reason why our city has 
gone on and spent millions until it mast go to the 
extent to which it can borrow, in order that they 
Diay carry on their extravagant ideas; and it is 
simply because the minority has been so small 
that there has been no power to change it. I re- 
member very well — because my memory serves 
me better on that than anything else — when our 
country was in a most desolate condition irom a 
fratracidal war, and when the badge of mourning 
was upon every family in this country; when 
debts were put upon every man's back that com- 
ing generations have got to pay, that a man was 
arraigned in the House of Representatives for 
presenting a bill that was not constitutional, but 
because he had the majority at his back, he stood 
up and said, "We know very well it is un- 
constitutional, but what are you going to do about 
It ?" That is the point we would get rid of here 
by tbe representation of a large and wholesome 
minority. I do expect that if the party now 
said to be in power in this city are judicious, pru- 
dent, and wise and just, withal, they will suc- 
ceed in years to come, perhaps; but it must de- 
pend upon tbeir justice and uprightness, and the 
manner in which they proceed in their business. 
I believe it will be better for the benefit of the 
city, better for the men I represent, and better 
for all sections ot tbe city, and make our organ- 
ization more democratic and republican in its 
form, to have the members of this Board elected 
by districts. 

Alderman Stebbins — So far as the order provides 
for dividing the city into aldermanic sections, I 
have reluctantly brought my mind to favor it, 
though very reluctantly. I have done so for 
many of the reasons already stated by the gentle- 
man who introduced the order. I do not entirely 
favor bis method ot electing six Aldermen each 
year. I think it will have a bad effect in this 
way: It will only interest the voters in one half 
of the city in any one year in the election of a 
City Government, which I think a very serious 
objection. It will only interest twelve out of 



twenty-five wards, we will say, in any one year in 
the election of the City Government, which seems 
to me to be a very serious objection. I should 
much prefer that the twelve Aldermen would be 
elected for two years upon the district system, 
and the Mayor tor two years, but on the alternate 
year from that upon which the Aldermen 
are elected. What the Alderman has said 
with reference to the advantage of serv- 
iiag a longer term by members ot this Board, is 
equally true with reference to the Mayor. My 
judgment is that the Mayor should be elected for 
at least two years, and upon the alternate year 
from that in which the Aldermen are elected. I 
should like to ask the Alderman if he is willing to 
so modify his order that the Aldermen maybe 
elected by districts for a term of two years and 
the Mayor elected during the alternate year for 
the same term, and if he has considered that sub- 
ject, as he seems to have gone into it pretty 
thoroughly. 

Alderman Kelly— I have not the slightest objec- 
tion. Coming into City Hall for the first time in 
twenty-five years, I feel like a stranger and have 
to grope my way along like a mariner in a fog. 
There are members of tbe Committee on Improved 
Sewerage this year, and members of other 
important committees, who are entirely 
new to those duties, and I feel the importance 
of some change in the method of elect- 
ing tlie Aldermen. I am willing that the Mayor 
should be elected for two years, and not be con- 
sidered as a candidate again. I should like that, 
and I think it would do away with a good deal of 
the mischief that tbere is. 

Alderman Stebbins— Then I should like to offer 
an amendment to the order by making it read — 

Ordered, That his Honor tbe Mayor be author- 
ized to petition the General Court for an amend- 
ment to the city charter so as to provide that in 
1880, and biennially thereafter, the Mayor shall be 
elected to serve for two years ; and also for a divi- 
sion of the city into twelve aldermanic districts, 
as follows: 
District 1— Wards 1 and 2. 

" 2— The Charlestown wards. 

" 3— Wards 6 and 7. 

" 4— Wards 8 and 9. 

" 5— Wards 10 and 11. 

" 6— Wards 12 and 13. 

" 7— Wards 14 and 15. 

" 8— Wards 16 and 17. 

" 9— Wards 18 and 19. 

" 10— Wards 20 and 21. 
" 11— Wards 22, 23 and 25. 
'" 12— Ward 24. 
Said amendment also to provide that at the 
next municipal election, and biennially thereafter, 
one Alderman shall be chosen by tbe voters of 
each of said districts, to serve for two years, and 
all vacancies occurring to be tilled in the same 
manner. 

Alderman Stebbins, when reading the amend- 
ment, stated the number of votes in each district 
as follows: 

1st district 4364 

2d " 5986 

3d " 4038 

4th " • 3798 

5th " 4198 

6th " 4661 

7th " 4839 

8th " 4241 

9th " 4861 

10th " 5038 

11th " 5102 

12th " 2987 

Alderman Stebbins— Tbe order, as offered by 
the Alderman, provides that the city shall be di- 
vided as near as "nay he without dividing the 
wards, so as to embrace an equal number of 
voters. It should also provide that the territory 
shall be contiguous, which is covered by tbe 
amendment I have submitted. The extent of ter- 
ritory should also be taken into consideration, as 
in the Dorchester District. There is as much ter- 
ritory in the Dorchester District as in the entire 
remaining part ot tbe city, and it therefore seems 
uroper that one Alderman should be assigned to 
that district of three thousfmd voters, although a 
less number than are contained in the otber dis- 
tricts. I agree with the Alderman that it is a 
mistortuue that the Charlestown and Dorchester 
districts are not represented. It is a misfortune 
thattwo districts representing so large a territory 
and so much ot tbe wealth ot the city should not be 
represented in this Board. I should heartily lavor 
the proposition of the Alderman, if amended as I 
suggest. I wish to correct the 41derman in stat- 



33 



BOAKL) OF ALDERMEN, 



ing that new business can be presented to the 
Legislature on the 22ci of February. It is the 5th 
01 February instead of the 22d, as we have a re- 
form Legislature and they propose to have a short 
session. 

Alderman Flynn— As this is a matter of consid- 
erable importance, I would move that it be re- 
ferred to the Committee on the City Charter, 
■with instructions to report as soon as possi- 
ble. 

Alderman Stebbins— I suppose the Board will 
understand that that is a polite way of getting rid 
of the subject, and that it will not be heard from 
again this year. Wehavehaa some experience, 
as you very well know, Mr. Chairman, in investi- 
gating the city charter. The committee usually 
occupy about six months, and finally present the 
result of their labors at the end of the year. 
Now, it the Alderman who presented the order 
is in earnest, I heartily agree with him and fa- 
vor it. 

Aldermen Kelly — I conceive this to be of great 
importance myself, and I do not object to the 
mode which tbe gentleman has introduced of 
electing every two years. But I do not approve 
of tbe method of districtiug tne city today, be- 
cause I think that is a luatter that should be re- 
ferred to the Committee on Ordinnnces alter it 
comes from the Legislature, in order that they 
may better understand it. I don't know how well 
my friend may have worked last week in getting 
the districts all right to suit himself. However, 
he will see I don't know but it is all right. I will 
assume it is; but I think it is better to look after 
that afterward. But we can pass the order lor 
the district?, and when it comes from the State 
House it can be revised, as has been designated in 
the order. 

Alderman Stebbins — I know the Alderman 
would not do me an injustice. The figures I have 
given were obtained from the Registrars of 
Voters. They are official as to the number oi 
voters. I have taken the wards by their numbers, 
and unless there is a disposition to get twelve 
Aldermen elected by on e party, tbe plan I have 
presented is the only proper one. But if there is 
something beyond that, by which this shall be re- 
lerred to a committee to fix it up, then the Alder- 
man is correct in opposing the plan I have sug- 
gested, I think the Aldermen should hesitate 
long before they gram to any committee of the 
City Government a power so extensive as that 
suggested by the Alderman— a power for the City 
Gjvernment to say how these districts should be 
divided. I have taken themas they occur numerical- 
ly, commencing with the Alderman's own ward. He 
agrees with me that East Boston and Charlestown 
should each form an aldermanic district. Then I 
follow the wards in numerical order and group 
them together. They cannot be grouped in any 
other manner than I have presented. The territo- 
rv is contiguous. There can be no objection to 
adopting the plan I have presented, if the Alder- 
man means this in good taith. They cannot be 
arranged in any other way except in a spirit of 
unfairness, a spirit which looks to party suprema- 
cy rather than to good government. 

Alderman Kelly— 1 don't object to this at all, 
but I am not so well versed in the districtinar of 
cities as the gentleman who has just sat down. I 
don't assume or wish to insinuate that he would 
do anything of the kind. But I presume he has 
looked the matter over, and that is what I stated. 
But I don't know why the State of Massachusetts 
could not allow the city of Boston to district the 
city, or perhaps we have got to that condi- 
tion where we will not much longer have 
any liberty of that kind. I don't know 
as 1 object to the manner in which he has 
districted the city. It may be correct. At any 
rate, I am willing to take my chances at that 
■ rather than cot let it go through. I think that if 
it could be referred to some committee to report 
back to this Board next month, we would then 
have time to pass it through, if the Council could 
act upon it readily. The gentleman asks if I 
mean this in gooa faith. 1 hope never to offer 
anything here I do not mean. I certainly mean 
that in good faith. 

Alderman Slade— As it has been suggested that 
the reference means to kill it; if it does mean 
that I hope we shan't do it. It seems to me the 
matter should lie upon the table a week. I am 
inot prepared to vote upon this at a moment's 
warning. It is a pretty important thing. I either 
'want to have it laid upon the table a week or have 
it go through. 
Alderman Flynn— I made that motion in good 



faith, and put a proviso upon it that it be referred 
with instructions to report as soon as possible. I 
am as disposed as any member ot this Board to 
have something of this kind done. I made the 
motion in good faith. 

Alderman Stebbins — If the Alderman will 
amend, so that they shall report to this Board on 
next Monday. 

Alderman Flynn— I will so amend it. 

The order was referred to the Joint Special 
Committee on the City Charter and Commissions, 
with instructions to report to the TBoard on Mon- 
day next. Sent clown. 

PEOPOSED ABOLITION OF THE POLL TAX. 

The order for the Mayor to petition the General 
Court for a repeal of the amendn^ent to the State 
constitution which makes the payment of a poll 
tax a qualification for voting was considered un- 
der unfinished business. 

The question was upon the passage of the order. 

Alderman Slade— I may be wrong, but it seems 
to me that that petitiou is a little out of place 
here. I have some doubts whether I have the au- 
thority, or whether I should assume the author- 
ity, to speak upon a subject of that kind for the 
city or Boston. If it was an individual petition, I 
might or I might not favor it. But I don't feel 
really that this Board have a right to petition the 
LegislHture in a matter of that kind, which is a 
State matter entirely — a matter of suffrage for 
the whole State— and I feel I must vote against it. 
I don't mean to say whether I am or not in favor 
of such a law; but I don't feel that I have a right 
to vote upon it as a representative of the city of 
Boston. 

Alderman Stebbins in the ehair. 

Alderman O'Brien — The Board, as I understand, 
do not commit the city of «oston to this measure. 
The passage ot the order merely expresses the 
sentiment of both branches of the City Council, 
as representatives ot the citizens ot Boston, and 
will Save a bearing upon the question when it 
comes before the Legislature. The question of 
poll tax will be considered by a committee of the 
Legislature. It appears to me that the time has 
arrived when measures should be taken to blot 
out the poll tax from the constitution of the State, 
as one of the conditions or qualifications lor vot- 
ing, and allow every citizen the privilege of ex- 
ercising this right without the payment of a fee. 
By passing this order now it will not be followed 
by any hasty actiriu. There will be ample time to 
consider it in all its bearings. If the present 
Legislature acts upon it favorably it will have to 
pass the ordeal of another Legislatuie, and then 
it must be ratified or rejected by a vote of the 
people. The tax might be reduced this year to a 
mere nominal sum, but I believe no change will 
be satisfactory but a total and unconditional re- 
peal. It is a very common remark, in city, Sta-te 
and national elections, that candidates with the 
longest purse are most likely to win. This re- 
mark has become almost a truism. I do not mean 
to say that any considerable number of citizens 
are willing to sell their votes, because, if this was 
a fact, in an enlightened community, such as is 
embraced within the limits of the city of 
Boston, it would be a strong argument 
against universal and manhood suffrage; but 
it is a serious question, with a large number of 
voters, in times of depression !ike the present, if 
two dollars is not better expended to supply the 
pressing wants of a large family than two dollars 
for the privilege of voting. How many refuse to 
exercise the franchise on account of poverty will 
never be known until this tax is blotted out, be- 
cause many of the deserving poor are too sensi- 
tive on this point to make their wants known. 
The payment of a poll tax has opened a new field 
ol labor for wardroom and designing politicians. 
The men who cannot afford to pay their poll tax 
are always sought after by this "class, and in a 
closely contested election, if they are found to be 
all right, this tax is paid. It is believed that ten 
per cent, of the voters are cf this class, and their 
vote can scarcely be called a free or untrammelled 
one. It is not such a vote as an American citizen 
can be justified in depositing, the privilege of 
voting having been purchased by some candidate 
who has only his own selfish purposes to ac- 
complish. By doing away with this tax, 
you place the poor man, to a great ex- 
tent, beyond the reach of politicians, and 
make him in fact an independent voter. 
It is estimated that in a closelv-contested con- 
gressional district an election costs from $5000 to 
f 10,000, and a large portion of this money is used 
in paying poll taxes; the candidate, if elected 



JANUARY 20 



1«79 



33 



being satisHed with the honors of the position, 
as his salary is expended in advance. This shuts 
out men ot brains from the contest, and leaves 
the field almost exclusively to men with ample 
means. To be elected Governor of the State costs 
very largely in a close contest, and defeated can- 
didates are sometimes sufferers to the extent of 
1100,000 to $200,000. Poll taxes, in such a contest, 
are paid without limit by borh sides. To be elect- 
ed State Senator from $500 to $600 is considered a 
small subscription; and even Aldermen, who 
come here and work harder than they ever 
worked before, sometimes have to pay for the 
honor and glory of doing so. I believe that if the 
poll tax was removed, and every man left free to 
vote for whom he pleased and how he pleased, 
our elections would be more free from corrupt in- 
fluences than they have been for many years past. 
I am confident the city and State would be ■ 
the gainer by It, and the vocation of 
wardroom and designing politicians would 
begone. In our State and municipal contests 
during the pa.it two years, there has been more 
money expended to purchase an influence voters 
than in any elections that have taken place in 
the country. Both parties have exerted them- 
selves to raise the largest possible amount of 
money. Single subscriptions of $5000 and .$10,000 
have been paid, and this state of things is hardly 
creditable for a city like Boston. I believe it is 
in the power oi the Legislature to put a stop, to 
a great extent, to the demoralizing influences now 
so prominent in all our elections, by the repeal 
of the poll tax. I do not care what party uses 
money to control an election and obtain power, it 
is a discreditable and disgraceful tact. Neither 
do I blame tbe poor man who takes the money 
the tempter offers, as much as I do the wealthy 
citizen who prides himself on his intelligence and 
respectability, and at the same time contributes 
money for such base purposes. The remarks of 
the Mayor, in his late address to the City Coun- 
cil, were so much to the point, I cannot help call- 
ing your attention to them, as follows: 

"We ought not only to see that those who are en- 
titled to vote, and only those, shall vote, but we 
should see that none are improperly influenced or 
hindered in tbe free exercise of this right. We 
should see that there is no corrupt use of money 
in elections. It cannot be denied that everywhere 
there is great cause of complaint in this respect. 
Permit me, in this connection, to quote the recent 
remarks of a distinguished senator and states- 
man : 

" 'The most disheartening thing,' says Judge 
Thurman, 'to an American who loves free institu- 
tions, is to see that year by year the corrupt use 
of money in the elections is making its way, until 
the time may come when elections in the United 
States will be debauched asever in the worst days 
of the old borough parlimentary elections in the 
mother land. The question is, whether this coun- 
try is to be governed with a view to the rights of 
every man— the poor man as well as the rich man 
— or whether the« longest purse shall carry the 
elections, and this be a mere plutocracy instead 
of a democratic republic' 

"It has been charged, and very generally 
charged, that in tbe recent elections in this city, 
both for State ani city officers, the employed 
have been improperly influenced by the employer 
—the poor man intimidated by the rich— and 
large sums of money contributed and expended 
tor the purchase ot votes. 

" 'It it be true, it is a grievous wrong,'— 
and it is our duty as hocest and patriotic citizens 
to do all in our power to reform the abuse." 

Make citizenship and manhood the basis of suf- 
frage, do away with the money qualification, and 
I believe you strike at the root ot the corruiDtion 
now so prevalent. I do not think it is necessary 
for me to enlarge upon 5this matter. The Alder- 
men all know it by their own experieiace. They 
come here to work hard for the city of Boston for 
an ei-tire year, and have to pay for the honor and 
glory of doing it, and to a considerable extent 
sometimes. If the poll tax is removed, I think 
there will be less money used in elections in the 
future. 
Alderman O'Brien in the chair. 
Alderman Slade— I agree with ever^ word the 
Alderman has utter( d. I know thar. every word 
is true. I, as well as others, have had some expe- 
rience in this matter, and I must say I have al- 
ways been r ppcsed to paying poll taxes. It has 
ruined more men who have had anything to do 
with polit cs than a'.most anything else. At the 
same time I feel a little conscientiously that I 



cannot vote for this thing here as a representa- 
tive of the city of Boston. I believe there is a 
petition now before the Legislature, and tliat 
some action will be taken by tciat body. It is not 
because I have anything else to offer. It s for no 
other reason than that I don't feel that I have a 
right to stand up here and vote for that order. 

Alderman Kelly — I was not present when the 
Alderman offered this order last Monday, but I 
have heard what he has to say in vindication of 
it, and I am perfectly willing to rise here and 
state that I am willing to have my name go upon 
the record as one in favor of that order. As a 
citizen of Boston, I believe that to have a stipula- 
tion that the payment of a poll-tax shall qualify 
for a vote one man wno is less fortunate than bis 
neighbor is a aisgrace to the Legislature, and for 
one I am willing to put myself upon record 
against it. You can use r,he poor man to build 
drains, pave streets, and defend you in case of 
rebellion. At such times he is the best man to be 
found. But wnen it comes to voting, if his wife 
wants a pair of shoes, and he has but two dollars, 
the question is wiiether he is to sacrifice his 
vote or his wife go without the shoes. That 
is the point. I am in favor of the great- 
est liberty for tbe people. I trust that 
every man may educate himself to know 
what a vote means, and the man who lempts an- 
other, by intimidaiion, by bribery or by purchase, 
to vote against his conscientious scruples, isi not 
fit to be named amongst honest men. For one, I 
should despise him. In times when business was 
good I have had a large number or men upon my 
pay roll; and there is doc a man on the face of 
the earth who can stand and confront me and, 
say I endeavored to get him to vote for me or 
any way. Although I have not the faith of my 
friend," that the Legislature will relieve us of 
this, yet 1 believe it should be abolished. I know 
that members of Congress pay poll taxes for 
voters. I remember at the last presidential elec- 
tion an old rigger, seventy years old, came into 
my office and said he wanted to vote for Presi- 
dent once more before he died, but he want- 
ed to pay a poll tax. "I don't want you to give 
it to me," said he, "but if you will lend me 
the money I will pay it." That man is now 
dead, and I could give his name if you desired. 
He happened to be a Prohibitionist, and, as I was 
running for the Senate, he voted against me. But 
I am glad I did that act, I cannot stand up here 
and defend people who force others to vote for 
them, who vote away the rights of others, or the 
Legislature that puts upon a man a stinulation 
that he must pay two dollars or he cannot vote. 
It may be that I shall one day not be able to pay 
a poll tax myself. I am not too old to be poor. I 
find I am growing poorer every year instead of 
richer. But still it may not take away my intel- 
lect, and I may be a great deal wiser than I am , 
Poverty ougbt'not to unfit me to cast a ballot for 
an honest man according to my conscience. I say 
that a poll tax is an infringement upon the rights 
of Americans and a disgrace to our statutes, and 

I hope to record my vote in favor ot the order. 
Alderman Breck— I believe this order is of so 

much importance that we ought to take a good 
deal more time to consiaer it. There are a good 
many things to be thought ot, and I move that 
the order be laid upon the table. 

Alderman Plynn called for the yeas and nays, 
and the order was laid upon the table — yeas 9, 
nays 3. 

Yeas — Aldermen Bell, Breck, Hayden, Pope, 
Robinson, Slade, Stebbins, Tucker, Viles— 9. 

Nays— Aldermen Flynn, Kelly, O'Brien— 3. 

ISLECTrONS. 

Trustees of the Public Library. A report came 
up nominating Alderman Hugh O'Brien and 
Councilman Roger Wolcott. Accepted in con- 
currence and a ballot ordered. Committee — Al- 
dermen Stebbins, Breck. Alderman O'Brien had 

II votes and Mr. Wolcott 12, and they were de- 
clared elected. Sent down. 

Directors for Public Institutions, a report 
came up nominating Alderman Viles and Coun- 
cilmen John Taylor and Paul H. Kendricken. Ac- 
cepted in concurrence and a ballot ordered. Com- 
mittee — Aldermen Slade, Hayden. 

Whole number of votes 12 

Necessary for a choice 7 

Clinton Viles H 

J.J. Flynn 1 

John Taylor 9 

P. H. Kendricken 8 

Edwin Sibley 7 



34 



BOARD OF ALUERJVLEN 



Messrs. Viles, Taylor and Kendricken were 
elected on the part of the Board. Sent down. 

Trustees of Mt. Hope Cemetery. A report came 
up nominatino; Alderman Charles Hayden and 
Councilmen Albert F. Lauten and James Devine. 
Accepted in concurrence and an election ordered. 
Committee— Aldermen Flynn and Pope. 

Whole number of votes 12 

Necessary to a choice 7 

Charles Hayden 11 

A.F.Lauten 9 

James Devine 6 

A. S. Brown 8 

Messrs. Hayden, Lauten and Brown were elect- 
ed on the part of the Board. Sent down. 

Directors of East toston Femes. A report 
came up nominating Alderman Charles H. B. 
Breck and Counciltuen J. J Doherty and Benja- 
min Brintnall. Accepted in concurrence, and a 
ballot ordered. Committee — Aldermen Kelly, 
Bell. 

Whole number of hallots 11 

, Necessary for a choice 6 

C. H. B. Brack 10 

J. J. Doherty 11 

Benjamin Brintnall 11 

And Messrs. Breek, Doherty and Brintnall were 
elected on the part of the Board. Sent down. 

Trustees of the City Hospital. A report came 
up nominating Alderman Joseph A. Tucker and 
Councilmen J. J, Barry and P. F. McGaragle. 
Accepted in concurrence and an election ordered. 
Committee— Aldermen Siade, Breck. 

Whole number of ballots 12 

Necessary for a choice 7 

Joseph A. Tucker 12 

J, J. Barry 8 

P. F. McGaragle 9 

Henry F. Coe 5 

And Messrs. Tucker, Barry and McGaragle were 
elected on the part of the Board. Sent down. 

MISCELLANEODS PAPEKS FROM THE COMMON 
COUNCIL,: 

Report and order for disposition of topics in the 
Mayor's address. Orders passed in concurrence. 
The Chairman ana Alderman Stebbins were 
joined to the Committee on City Charter and 
Commissions. 

Order to refer the repoi't of 1878 on disposition 
of the unclaimed bodies of the pauper dead to the 
Committee on Legislative Matters. Passed in 
concurrence. 

Report and order for Committee on Health to 
keep the ice on Public Garden pond in good order 
for skating when practicable. Passed in concur- 
rence. 

Order for Committee on the Fire Department to 
consider the expediency of restoring the custom 
of ringing the bells at "stated hours. Passed in 
concurrence. 

Order for special committee (Messrs. Lauten, 
McGahey, Costello, Sawyer of Ward 24, and An- 
thony, to be joined) to resume the subject of the 
treatment of the poor in the public institutions. 
Passed in concurrence, and Aldermen Hayden, 
Pope and Bell were appointed on said committee. 

Order for Committee on Ordinances to have a 
public hearing on proposed amendment to ordi- 
nance on Survey, etc., of Buildings. Passed in 
concurrence. 

Order for proposed new wardroom for voters of 
Ward 12. Passed in concurrence. 

Order for Committee on Finance to report it 
any unexpended balances of appropriations can 
be carried over to next financial year. Passed in 
concurrence. 

CITY CHAETEB. 

An order came up from the Mayor to petition 
the Legislature for the passage of an act contain- 
ing the provisions of the city charter in effect 
Dec. 31, 1878. 

Alderman Stebbins — That is a very singular or- 
der, and I hope some member of the Board will 
explain it. It is in effect asking the Legislature 
to reenact the provisions of the city charter. If 
any members of the Board can see any necessity 
lor reenacting the provisions of the city charter, 
I nope they will express themselves. 

At the request of Alderman Kelly, the Chairman 
read the order. 

Alderman Stebbins— If it is desirable to codify 
the several acts of the Legislature governing the 
city, that is very properly the duty of the Com- 
mittee on Ordinances. But why we should go to 
the Legislature and ask them to leenact the sev- 
eral provisions of the city charter is a mystery to 
me. I cannot understand it. The acts will re- 
jmain n force until repealed by the Legislature. 



From what source that order emanates, I cannot 
understand. Unless some member can explain It, 
I think we had better indefinitely postpone the 
order. 

Alderman Kelly — I should hope the Alderman 
would consent to have it laid upon the table. We 
may be able to understand its meaning by laying 
it upon the table. 

Alderman Stebbins— I have no objection to its 
lying upon the table, Jor certainly the order 
needs a great deal of daylight before it is passed. 

The order was laid upon the table. 

INTERMENTS UNDEK ST. PAUL'S CHURCH. 

An order came up for the Committee on Health 
to obtain the evidence and arguments in favor of 
the removal of tombs from St. Paul's Church, 
and to report on similarly situated tombs under 
other churches. 

Alderman Stebbins— I would like to inquire if 
there is any expense in this, and if we shall not 
have to pay some stenographer, or some person 
to do this work. It may be a roundabout method 
of reporting the evidence upon a matter which is 
of no special interest. Perhaps the former chair- 
man of the Committee on Health can explain it. 

Alderman Viles— I know nothing about the or- 
der, but I have great faith in the Committee on 
Health of this year, and believe they will do jus- 
tice to the order. But it seems to me the proper 
place for this order is the Board of Health. They 
have charge of the graveyards ana of interments, 
and know everything that is needed. 

On motion of Alderman Viles the order was re- 
ferred to the Board of Health. Sent down. 

BRIDGE REPORTS. 

Reports from Superintendents of Bridges giv- 
ing the number of vessels which passed through 
the draws in 1878, as follows: 

Meridian-street Bridge, 2429; Congress-street 
Bridge, 14,801. Sent down. 

EVERGREEN CEMETERY. 

The Chairman "submitted a report from the 
Finance Committee, on the request of the Board 
of Health, with an order— That the Auditor of 
Accounts be and he hereby is authorized to trans- 
fer from the appropriation for the Board of 
Health to that for Evergreen Cemetery the sum 
of five hundred dollars. Read twice and passed — 
yeas 12, nays 0. Sent down. 

LICENSES. 

Alderman Flynn submitted reports from the 
Committee on Licenses, as follows: 

Inuholder's License Granted— B. Rumsey, 124 
and 126 Court street. 

Victuallers' Licenses Granted — Ambrose Ander- 
son, 143 Atlantic avenue; J. H. F. Bachanan, Tre- 
mont street, Brighton Distrit>t; Levi H. Appleton, 
156 Merrimac street, removal from ll^ Market 
street ; Anton Bader, 318 Broadway (re- 
moval from 44 Harrison avenue) ; Benja- 
min L. Bean, 16 Portland street ; John 
Becker, 29 Church street (removal from 
172 Eliot street) ; Thomas T. Bradford, 55 Albany 
street; Thomas Chittick, 8 Howard street; Cuny 
& Henry, 2 Pearl street; John Denning, 79 C 
street; Simon Dodge, 107 Pleasant street; Henry 
Dogherty, 1190 Tremont street; John Duulap, 1961 
Washington street; James Flanagan, 264 Federal 
street; Mary E gan, Nonantum street, Brighton 
District; Balthazzar Fogel, 84 WestCanton street; 
Leopold Graefner, 36 South street; James Har 
kins, 3 Harrison avenue, second floor; Charles 
D. Henshaw, 865 Washington street; David Houri- 
han, 206 Lincoln street; Frank A. Howe, 55 Mer- 
rimac street; George M. R. Howard, 39 Green 
street; Michael H. Killion, 9 Prentiss street; 
Louis Kuhne, 1362 Tremont street; Carl Lorenzen, 
10 Merchants' row; Henry Lewis, 110 Court street; 
Lot G. Lewis, 146 Washington street; James 
Magee, 322 North street (removal from 65 Eastern 
avenue) ; George Merry, 126 Sumner street. East 
Boston; George F. McCormack, 41 Church street; 
George Louys, 26 Lagrange street; John E. 
Palmer, 401/^ and 42 Portland street; H. F. Meyers, 
493 Tremont street; Walter C. Packard, 202 Wash- 
ington street; John Miller, 1 North Centre street; 
Charles H. Mayo, 3II/2 Howard street; Malachi 
O'Brien, 1269 Tremont street; Miss Johanna M. 
Phelan, 350 Warren street, Highlands; John F. 
Roessle, 2231 Washington street (removal from 
Boylston street. Ward 23); Mrs. Joanna Re- 
gan, 152 Eliot street; Sanford & Getch- 
ell, waiting room. Metropolitan Railroad stable, 
Mt. Pleasant; Moses A. Simonds, 27 and 29 La- 
grange street; Urban Schilling, 6 Cross street, 
(removal from 93 Portland street); Patrick H. Sul- 



JANUARY 30, 1879 



35 



livan, 188 South street; Andrew Thompson, 177 
Hanover street (removal from 365 Hanover street); 
Gesrge Steward, 173 Kneeland street, corner 
South; Thomas L. Whalen, 4 Lewis street (re- 
moval from 346 Hanover street); Ernest Wohlle- 
ben,33 Green street; Leonard Altrieth, 6 State 
street ; Emile Fontarive, 160 Federal street. 
Severally accepted. 

PAYING BEPOKTS AND ORDERS. 

Alderman Slade submitted the following from 
the Committee on Paving: 

Ordered, That the Superintendent of Streets be 
and he is hereby empowered ana directed tore- 
move without delay any and all structures oi 
things which may hereatter be built into or upon 
the sidewalks of public ways in this city so as to 
hinder, encunaber or endanger persons travelling 
thereon, or which obstruct or encumber the 
way. 

Alderman Robinson— Would that mean that if 
any citizen has any merchandise upon the side- 
walk it must be taken care of at once? 

Alderman Slade— No, sir. 

Alderman Robinson— Is it an order to be passed 
and not accepted ? 

Alderman Slade —No, sir. 

Alderman Stebbins — Perhaps a single word will 
answer the question. Occasionally a builder will 
encroach upon the street half an inch over the 
line given by the City Surveyor, and in that case 
the Superintendent of Streets will have to n^ke 
him set it back. 

The Chairman — The Chair does not understand 
that this applies to movable articles. 

Alderman Robinson — 1 thought it did. 

The order was read twice and passed. 
y Ordered, That the Superintendent of Streets be 
authorized to lay cross-walks and pave gutters on 
the public streets of the city when deemed expe- 
dient by the Committee on Paving. Read twice 
and passed. 

Ordered, That the Superintendent of Streets be 
authorized, under the direction of the Committee 
on Paving, to erect fences in front of vacant lots 
on public streets where the public safety requires 
the same. Read twice and passed. 

Ordered, That the Superintendent ot Streets be 
authorized under the airection of the Committee 
on Paving to contract from time to time for the 
purchase, sale and exchange of horses, the sup- 
ply of hay, grain, paving stones, gravel and other 
materials required tor the operations of the 
Paving Department during the present municipal 
year. Read twice ana passed. 

Ordered, That the Superintendent of Streets be 
authorized under the direction of the Committee 
on Paving to number or renumber any street, 
court or place, within the city limits whenever in 
the opinion of said committee the public conven- 
ience will be promoted thereby. Read twice and 
passed. 

Ordered, That the Superintendent of Streets be 
authorized to grant permits to open the streets in 
accordance with the eleventh and twelfth sections 
of the revised ordinances of 1876, relating to 
streets. Read twice and passed. 

SUPERINTENDENTS OP BRIDGES CONTROLLED BY 
THE BOARD. 

Alderman Pope offered ao order— That the Com- 
mittee on Bridges be requested to nominate can- 
didates for Superintendents of Bridges to be 
appointed by this Board. Passed. 

PROPOSED CHANGE IN THE FIRE DEPARTMENT. 

Alderman Flynn offered an order— That the 
Special Committee on Commissions and City 
Charter be requested to consider and report upon 
the expediency of providing that the 'Board of 
Fire Commissioners shall consist of the Chief En- 
gineer of the Fire Department and the Superin- 
tendent of Fire Alarms, ex officiis, and one mem- 
ber from the citizens at large, to be appointed by 
the Mayor and confirmed by the City Council. 

The Chairman— The order will lie over. 

Alderman Flynn— I have no objection to its 
lyi'^g over. 

Alderman Stebbins — It is a simple order of in- 
quiry, and there can be no objection to its pas- 
sage; but I assure the gentleman that there will 
be some objection to the measure if the committee 
report in favor. 

The order was passed. Sent down. 

PRISON POINT FLATS. 

Alderman Bell offered an order— That his Honor 
the Mayor i e requested to petition the General 
Court now in session for payment of the sum ot 
«8379.80, being the amouiit expended by the 



Board of Health of the city for the filling ot land 
belonging to the Commonwealth, lying in rear of 
the State prison at Charlestown, such filling hav- 
ing become necessary tor the abatement of a 
nuisance dangerous to the public health. Read 
twice and passed. Sent down. 

SUPPLIES FOR HEALTH DEPARTMENT. 

Alderman Bell offerea an order — That the Su- 
perintendent of Health be authorized, during the 
present municipal year, to make contracts, sub- 
ject to the supervision of the Committee on 
Health, for the purchase of such quantities of hay 
and grain, and for such horses and exchanges, 
and such vehicles as his department may from 
time to time require; also lor such material as 
shall be required for the use of his department. 
Read twice and passed. Sent down. 

PUBLIC BUILDINGS. 

Alderman Kelly submitted the following from 
the Joint Standing Committee on Public Build- 
ings: 

Ordered, That the Superintendent of Public 
Buildings, under the direction of the Joint Stand- 
ing Committee on Public Buildings, be autbor- 
ized to supply the necessary furniture tor, and 
cause such repairs to be made, and cleaning, as 
may be needed upon City Hall; also such repairs 
upon the police and engine houses, together "vith 
other public buildings, as are not made by the 
respective departments using the same; the ex- 
pense to be charged to the appropriation for Pub- 
lic Buildings. 

Ordered, That the Superintendent of Public 
Buildings, under the direction of the Joint Stand- 
ing Committee on Public Buildings, be authorized 
to supply the necessary furnisure for, and cause 
to be made such repairs and cleaning as may be 
needed in the several high, grammar and pri- 
mary schoolhouses; the expense therefor to be 
charged to the appropriation for Schoolhouses, 
Public Buildings. 

Severally read twice and passed. Sent down. 

COUNTY BUILDINGS. 

Alderman Kelly submitted the following, from 
the Committee on County Buildings: 

Ordered, That the Committee on County Build- 
ings be authorized to provide the necessary fur- 
niture for the Court House and probate build- 
ings; also tor the Municipal Court rooms. High- 
lands, Dorchester, West Roxbury, Brighton, 
Charlestown, East and South Boston; the expense 
therefor to be charged to the appropriation for 
the County of Suffolk. 

Ordered, That the Committee on County Build- 
ings be and they are hereby authorized to cause 
such repaints and alterations to be made as may 
be needed in the Court House, county jail and 
probate buildings; also on the Municipal Court 
rooms in the Highlands, Dorchester, West Rox- 
bury, Brighton, Charlestown, East and South 
Boston, provided such repairs shall not exceed 
the sum of five thousand dollars on any one build- 
ing during the municipal' year; the expense 
therefor to be charged to the appropriation for 
the County of Suffolk. 

Severally read twice and passed. 

ROXBURY CANAL. 

Alderman Slade, for the Committee on Im- 
proved Sewerage, submitted an order— That the 
Committee on Improved Sewerage continue the 
work ol abating the Roxbury Canal nuisance, as 
authorized by an order passed July 16, 1878, and 
that said committee be invested with all the 
powers and duties recited in said order. Read 
twice and passed. Sent down. 

MINORS TOJ BE LICENSED. 

Alderman Flynn offered an order— That the 
Board of Aldermen be and they are hereby au- 
thorized, in accordance with section 14, chapter 
50 of the General Statutes, to make rules and reg- 
ulations to restrain sales by minors, or to grant 
licenses for minors to make such sales, on ' such 
terms and conditions as they shall prescribe. 
Read twice and passed. Sent down. 

PUBLIC BATHS. 

Alderman Flynn offered an order— That the 
Joint Standing Committee on Bathing be author- 
ized to repair and maintain the several bathing 
houses in the department under their charge, and 
to employ such assistants and take such measures 
tor the care and preservation of said houses as 
they may deem expedient; the expense to be 
charged to the appropriation for Public Baths. 
Read twice and passed. Sent down. 



36 



BOARD OF" ALDERJMEISI 



COMMEBCIAL STREET. 

Alderman Viles oft'eied the following: 
Ordered, That so much ot the order approved 
Dec. 31, 1877, appropriating $500,000 for the wid- 
ening of Commercial street, as reads — "Provided 
that said street be widened maiuly on the water 
side, and to a width not to exceed eighty leet: 
and provided further, that if the estimate or 
the Street Commissioners for the expense of wid- 
eniDg, grading and repaving said street shall ex- 
ceed saia sum of $500,000, no part of said sum 
shall be expended until the abutters, corpora- 
tions and persons interested in said street-widen- 
ing shall agree to give satisfactory bonds to pay 
such sums of money as will, with said appropria- 
tion ot $500,000, be sufficient to cover said ex- 
pense" — be, ana the same hereby is, rescinded. 

Referred to the Joint Committee on Streets, on 
motion of Alderman Viles. Sent down. 

JOINT BULKS AND OEDEBS. 

The report of the Committee on Joint Rules and 
Orders (City Doc. 6) came up amended by rejec- 
tion of new sections 20 and 11 as printed on page 
2 of said document, and the passage of said sec- 
tions as they stood in the rules of 1878. 

The Chairman read the sections proposed to be 
amended by the committee wnd as amended by 
the Council, and discussion ensued as follows: 

Sect. 11. The committee recomroended adding 
the following: 

"The Joint Standing Committee on Legislative 
Matters shall report in print to the City Council 
all bills, resolves ana petitions presented to the 
Legislature in behalf of the city ot Boston, or any 
department thereof. Such printed report shall 
be made at the next meeting of either branch 
after such application is made, or earlier, at the 
discretion of said committee." 

Alderman Stebbins— I should like some expla- 
nation of this new section. It is certainly novel 
in its way. 

Alderman Slade— The matter was before the 
committee, and the argument was that matters 
before the Legislature were not known to the 
City Council, or rarely, if ever, and by having this 
notice printed, the City Council might kuow what 
was being done in the "Legislature, and it anybody 
wished to onpo^;e it, or otherwise, they would 
have the oppoitunity. As I understand it, it is 
merely to bring such matters to the attention of 
the City Council as are before the Legislature. 

Alderman Stebbins — I was not aware that the 
City Council had anything to do with the passage 
of acts by the Legislature. One would think that 
before the Legislature could pass upon a matter 
before that body, they must come here and ask 
ns. and would wait until our committee had re- 
ported such a resolve and order. It is a very 
singular provision, I must say. For instance, we 
direct the Mayor to petition the General Court 
today. It is his duty to send the petition to the 
General Court tomorrow. But according to this 
rule, the Mayor must wait until the committee 
have the petition printed and send it to the 
City Council. There must be something 
further than what the Alderman stated. I should 
like to know the source from which this order 
emanated. It is so novel, I should like to know its 
parentage. Why should we print resolves and 
orders presented m the Legislature one day and 
acted upon the next? Or why should we reprint 
them the following week for the information of 
the City Council? I don't understand it, and I 
hope the Aldermen will explain what is really 
intended. 

Alderman Slade— I don't think I can give much 
further light upon it than I have already. The 
rule says that — 

"The Joint Standing Committee on Legislative 
Matters shall report in print to the City Council 
all bills, resolves and petitions presented to the 
Legislature in behalf ot the city of Boston, or any 
department thereof. Such printed report shall be 
made at the next meeting ot either branch after 
such application is maae, or earlier, at the discre- 
tion ot said committee." 

When the matter was brought before the com- 
mittee, the idea was that such matters as were 
before the Legislature should be printed and 
placed before the City Council. 

Alderman Stebbins— I would ask the Alderman 
to explain why we should have a petition printed 
and brought here which we have authorized the 
Mayor to submit to the Legislature ? What would 
be the object of having that petition printed ? 
And would the Mayor be justified in withholding 
that petition for a week or two until we passed 



upon it again ? Or what is the object of the sec- 
tion? 

Alderman Slade — Perhaps I might say that this 
matter was placed befoie the Committee on Joint 
Rules by a prominent member of the City Coun- 
cil, and the argument was, as I have stated, that 
the City Council might know what was being 
done in the Legislature. There may be some- 
thing about it that is wrong chat I don't quite see, 
but I don't know what it is. 

Alderman Kelly — I was one of the Committee 
on Joint Rules of the City Council. The object 
presented before the committee was that the sub- 
ject might be laid before every member ot the 
<Jity Government, that they might be conversant 
with everything before the Legislature which 
interested the city of Boston. And now, to 
give you a little instance — supposing a matter 
of vast importance io the minds o! some 
members of the City Government should come 
before the Legislature, and the chairman of the 
committee did not see fit to call theiu together. 
It the matter is printed and laid before every 
member, we can understand what it is and knew 
whether or not the committee should be called 
together to act upon ir. I think myself that 
it is not unreasonable that members of the 
City Government should have anything that 
is to be enacted by the Legislature placed 
before them, and I cannot see any harm it will do. 
I daresay that the chairman might call the com- 
mittee together, but I find by a piece of paper in 
my hand that during a session or the Legislature 
last year, continuing until July, the Committee on 
Legislative Matters were called together six 
times. Now, I think it is absolutely the duty of 
the committee to let the City Council know what 
is going on. If it is printed and placed before 
them, it cannot do any detriment to me or any one 
else. It is a mere question of the cost ot printing. 
I hope it will be adopted. 

Alderman Stebbins — It may be very true that 
the Committee on Legislative Matters met but six 
times last year, while the committee of the pre- 
vious year, under a partisan Government, met but 
twice. But that has nothing to do with the ques- 
tion. We know that last year the City Govern- 
ment was reoresented at the State House by very 
able counsel, and this year his Honor the Mayor, 
watchful for the interest of the city, has request- 
ed Mr. Healy, the City Solicitor, to detail one 
of his best assistants to look after the in- 
terests of Boston at the State House, to 
watch every bill and resolve which may be pre- 
sented there by which the city's interest may be 
favored or otherwise. In accordance with that 
instruction of the Mayor, he is attending to this 
business. The Committee on Legislative Matters 
will in due time be called together, or as soon as 
the two branches agree upon the rule governing 
that committee. Now, sir, 1 am unwillinir, as one 
member of this City Government, to allow 
any member to magnify his position to that 
extent that he can report to the City Council bills 
which in his judgment may affect the city's in- 
terests. Why, sir, the city of Boston is repre- 
sented in the General Court by fifty Representa- 
tives and Senators. Is it necessary that a 
prominent member of the City Council shall 
be added to the fifty Representatives and Sena- 
tors? flow much power will he possess? Does 
the Alderman think that a single member ot 
the City Council can lobby through measures 
which fifty Representatives and Senators elected 
for that purpose cannot secure the passage of ? 
I tell the Alderman he is mistaken. I don't pro- 
pose to sit here and be dictated to by any promi- 
nent member of the City Government, although 
he may be here now, and send for the Alderman 
and prompt him what to say. That is not my way 
of doing business. I propose to take every ques- 
tion upon its merits and decide upon them tor the 
best interest of the city, and not allow n.yself to 
be made a tool of to magnify the position 
of any man. I move that this section be 
stricken out, because it cannot be carried out 
without hindering legislation. The idea that the 
City Council can stop the passage of any measure 
that titty Senators and Representatives have 
passed upon, by the dictum of one man, or by 
spending money for improper purposes, is absurd. 
I have read carefully the debates of the City 
Council upon this matter, and I find it was inti- 
mated that the city's interests have suffered be- 
cause they have been improperly attended to in the 
past. I take my share ot that. I have been chair- 
man of the committee for several years. 1 have 
taken the position, that whatever it is proper for 



JANUARY 20. 1879 



37 



the city of Boston to ask for it is proper to labor 
for in a legitimate way. I do not believe in in- 
viting members of the Legislature to a dinner at 
the Parlier House tor the purpose of securing 
their votes. If the Alderman desires to know to 
what extent that has been done, let him go back 
and examine the records of the previous partisan 
Government. He will find the manner in which 
previous legislation has been obtained at the 
State House. If that mode of obtaining special 
' legislation is desired, I shall ask you, sir, to ap- 
point some one else upon that committee. If the 
city of Boston cannot rely uoon the merits of 
measures they ask for, let them be defeated, and 
Dot attempt to influence members of the General 
Court by inviting tbem to dinners and securing 
the services of prominent politicians to go there 
and labor for the Interest of the citv. That is not 
my way ot doing business, and I hope the city of 
Boston will not be disgraced by such action as 
that. 

\ Alderman Kelly — I do not at all take to myself 
the insinuations of the gentleman who has just 
taken his seat. I shall not invite anybody to any 
dinner. 

Alderman Stebbins— I did not refer to the Al- 
derman, and I hope he will let all my remarks 
pass as water slides from a duck's back. 

Alderman Kelly — His apology is accepted. I 
cannot see that this has anythiug to do with din- 
ners at all. It seems to be rather a feast of brain 
than of the other part of the body. Yet, if the 
Council see tit to have reported to them anything 
that is in progress Defore the Legislature, I can- 
not conceive of any great difficulty exce 'ting 
the expense of printing. Now, sir, if appointing 
the President of the Common Council upon the 
Committee on Legislative Matters implies that 
that is sending a lobbyist there, how can we infer 
anything different when the Chairman of ihis 
Board is appointed year after year upon that com- 
mittee? I don't know that ic applies anymore 
to members of the Common Council than to this 
branch of the City Government. I don't 
ask any legislation to go through the 
State House that does not go through 
fairlv, and without dinners, too. I know 
we have so many members representing the city 
of Boston in both branches of the Legislature, 
and I presume they will discharge their duty. 
But it is not a question of lobbying at all, I take 
it. It is only a question whether the City Council 
shall have reported to them in writing the mat- 
ters before the Legislature affecting the city of 
Boston. That is all there is about it. I am not 
particular about it. As for the gentleman's 
iusinttations that any one comes here to dic- 
tate, I merely asked him a question for my own 
information upon the questiou before the Board. 
I don't know that I have any particular favors to 
ask of him. I will say to his face as well as be- 
hind his back, that I have no favors to ask of 
him. I am very sorry that all the amendments 
made by the committee were not carried througn 
the other branch. I do not want to go upon com- 
mittees and agree to a uDanimous report and 
then have a part of the committee stand 
back. When I agree to a report I will stand by 
it. I believe this rule is right and I don't think it 
will hurt the gentleman to nave these matters re- 
ported to the Council whenever anythiug affect- 
ing the city is before the Legislature. I believe 
it is our duty to understand what is going on, and 
as a representative of a portion of the city I hope 
they may be gratified in that. Personally, I don't 
want to see anything printed, and I have n't 
much faith in passing any through the Legisla- 
ture at the present time — perhaps the gentleman 
mav. 

Alderman Stebbins— Perhaps I may speak a 
little warmly on this matter, but I feel so, 
especially after reading an editorial in a widely 
circulated paper this morning, whose parentage 
I will not recall, in which the hope is expressed 
that the Board ot Aldermen will concur with the 
Council in the changes in the joint rules, and that 
the Deii'ocrats in the City Council should act in 
harmony in each case in which the in- 
terests of the party are at stake. That 
is why I speak so warmly. The Democrats 
are asked to carry this thing through because the 
party require it. I am sorry it has come to that. 
" 'T is pity, and pity 't is 't is true." 

Alderman Kelly— The gentleman need not tear 
that this party will stick and hang together. I 
don't see any particular inclination to do it. The 
great trouble will be that there will not be enough 
of that feeling. I am not afraid there will be too 



much ot it. But when people talk about the 
party, the acts of the previous Board on the last 
meeting satisfy me that it was partisan enough. 
I don't think we can have anything worse than 
that. 

Alderman Stebbins— It is n't worth while to 
continue this discussion, except simply to refer 
to the election of a Street Commissioner, by say- 
ing that it was brought forward by one of the 
most prominent Democrats in Boston and op- 
posed by the Republicans. It was carried through 
by Democrats. 

Alderman Kelly— Every man on the Board voted 
for it. 

The motion to strike out the section relating to 
printing was lost by a division — 5 ibr, 6 against. 

Alderman Stebbins — I have an amendment 
which I desire to offer. It seems to come in at 
this point very well. I have no doubt the same 
applause will greet it when presented as we have 
just been favored with. I wish to add an amend- 
ment to the section relating to the duties ot the 
Committee on Legislative Matters, which we are 
now considering. It will be found in section 4 
of page 4. I wish to add a proviso— 

"i'rovided said committee shall not, unless di- 
rected so to do by the City Council, oppose any 
legislation petitioned for by the preceding City 
Council." 

I wish to add it at the end of section 4 on page 
4. We are new passing upon the duties of tne 
Committee on Legislative Matters, and it will be 
too late if we wait until section 4 is reached. I 
offer it in good faith, and for the reason that one 
member of the Committee on Legislative Mat- 
ters has already announced his determination to 
defeat a measure petitioned for by the 
last City Council. Now, sir, it seems to 
me entirely improper and in very bad taste 
for a member ot the Committee on Legislative 
Matters to announce his determination to defeat 
a measure which has been passed upon byoue 
City Council. If it is desirable to defeat any of 
the acts asked for by the last City Council, let an 
order be introduced, let it receive, if it can, the 
sanction of the present City Government; but 
don't give any member of the committee an op- 
portunity to oppose it and possiblv defeat it. 

The amendment offered by Aldermau Stebbins 
was adopted. 

The Board concurred in the adoption of sec- 
tion 11. 

Section 20. This rule came up adopted in the 
same form as last year, providing that bills for 
refreshments and cigars shall be approved by 
committees. 

Alderman Slade— I believe the Council restored 
the rule as it originally was. The committee had 
no intention except to make the rule conform 
more to the practice than the practice does to the 
rule. 

Alderman Kelly— This is the first time I have 
had an opportunity to see the joint rules and 
orders, and I believe section 20 was reported just 
as it was agreed to by the committee and report- 
ed to the Council. [The Alderman read the sec- 
tion as reported by the committee.] The commit- 
tee objected to the old rule simply because it 
specified that every person not on a committee 
who partook of refreshments should have his 
name on the bill. Now, I shall never make or agree 
to any report to be made to the CityCouncil without 
being able to defend it, in some manner or other, 
though perhaps poorly. I would be glad if the City 
Council would agree that no liquor stiould be 
paid for by the city for any of its members. I 
don't want to advocate that, however, because 
I Qon't want to abridge the right of any man to 
take liquor or a cigar. Fortunately, I have no 
taste for either one or the other. It is no particu- 
lar virtue of mine, but it is my misfortune, as 
I am required to be particular in what I 
eat and drink. I do not agree with that rule, and 
I will not partake of a dinner at the expense of 
tbe City Government while that rule is there. No 
man shall go about thiscity, when I a,xi on a com- 
mittee, and invite the clerk or some distinguished 
man er the engineer to refreshments; and if some 
member sees fit to diink a bottle or five bottles of 
champagne, or a pitcher, as some have said, I am 
not willing to have it plastered upon mv back tor 
every man to look at. Every man in" the com- 
mittee agreed to it. I admit that one man trom 
the other Board objected. He came in after it 
was passed; it was reconsidered, he gave his 
reasons, and it was then voted to strike out the 
words referred to. Is it not enough, sir, that the 
chairman of a committee or a committee can- 



38 



BOAnu OF alj:>ermen 



not approve a bill without a majority of the 
committee being required to ag;ree to it? 
Is it necessary that every man's name 
should be specified upon that bill. For 
some yeai»s I have been upon a board where it has 
been done since the administration began, which 
claims never to have spent anything. Now, sir, 
there may be some men who go there and drink 
champagne by the pitchertul,butl don't wantthat 
plastered upon my back because I take a bowl of 
oysters and a piece of chicken. I have n't any 
taste in that direction, but I say it reflects upon 
every man in this Board who is chair- 
man of a committee, and if he can- 
not be trusted to approve a bill for re- 
freshments he is unfit to serve upon the commit- 
tee. Therefore I disagree with the principle of 
tacking upon my back the fact that another man 
drinks three or five bottles of champagne. I 
don't believe but that every chairman of 
a committee at this Board can be trusted to 
approve bills for refreshments. I don't eat 
or drink a great deal, for I am obliged to be 
temperate in that direction. I don't care 
much about eating or drinking now. Therefore I 
say that men ought to be willing to stand up and 
say that they are willing to trust the chairmen of 
committees to approve bills of five, ten and fif- 
teen dollars for a dinner. I ana -Dpposed to it, and 
am very sorry that any gentleman on that com- 
mittee should agree to a rejiort and speak against 
it. 

Alderman Stebbins — I rise to a point of order. 

Alderman Kelly — Your point is well taken, and 
I will sit down. 

Alderman Stebbins— I don't want to detain the 
Board, but as this is one of my children, perhaps 
it is well to say a single word in defence of this 
rule. The amendment adopted in the other 
branch restores the rule as it was last year, leav- 
ing it precisely as, in my judgment, it should 
stand, requiring that the name of every person 
partaking of refreshments shall be furnished. 
Now, the Alderman says that if he is on a 
committee, and a gentleman is present by invita- 
tion whom he desired to invite to lunch, he wishes 
to have the privilege of doing so. The order ex- 
pressly provides for that. If the commirree so 
wish, they can invite any other person to be pres- 
ent; or, if an Alderman desires a cigar or a glass 
of wine, he can obtain it by permission of the 
committee. That is ail provided for. Now, there 
is another point. The Alaermau says he would 
not like to have his back placarded with a bowl of 
something — I forget what. That is precisely the 
action of the order as it now stands. If the Al- 
derman is not present, his name does not appear 
upon the bill for an extravagant supper. If the 
order should stand as reported by the committee, 
no matter if the Alderman is absent, no matter if 
three members of the committee are absent, and 
If the other five incurred a charge of twenty or 
twenty-five dollars against the city, without 
their names ujion the bill, the Aldermao is holden 
for his share, and he cannot escape it. Any citi- 
zen going into the Auditor's oflice aud finding a 
bill without the names, would have a right to in- 
fer that Alderman Kelly was responsible for a 
portion of the charges upon the bill. This rule is 
In the interest ol good government, and tends to 
raise the tone of the City Council. Now the Alder- 
man says that it might work well for the peculiar 
Government we had last year. Let me say to 
him, and the other members of the Board "and 
the public, thai this Board got along last year 
with $807.75 for refreshments, while the Board of 
the previous year, under a partisan Government, 
expended $2722.25. So far as the records of the 
expenditures for refreshments by joint com- 
mittees, the difference is still more marked 
between last year and the previous year. I tell 
the Alderman and every member of this Board, 
and the public, that this rule is right as it stands, 
and works in the interest of moral government. 
It holds every member responsible for what he 
eats and drinks at the expense of the city. 

Alderman Flyan — If this rule is right, I would 
ask the gentleman why he, at the last meeting of 
the Board of Aldermen, invited the members of 
the press to dinner and attached the names of 
the other members of the Board who were not 
there to the bill and approved It? Why did he 
not stand up? 

Alderman Stebbins — I am very glad the Alder- 
man rose to make that inquiry, because it will 
enable me to state a fact of interest to his con- 
stituents who applaud him so heartily. It is well 
known that the members of the last Board were 



invited to dine with his Honor the Mayor, who 
paid for the dinner. At the meeting previous to that 
the representatives of the press were invited, as 
the Alderman says, to dinner, and we were glad to 
have them there. We had a pleasant and enjoyable 
occasion, and that the city of Boston should not 
suffer, and that the bills in the Auditor's office 
should state correctly what was the fact, I assess- 
ed the members of the Board of Aldermen pres- 
ent $2 each, and the amount was deducted from 
the bill. The city of Boston was only called upon 
to pay for refreshments partaken of by the 
Aldermen present. 

Alderman Viles — I also rise to corroborate what 
the Alderman who just sat down has stated. We 
did invite the members of the press, and each 
member of the Board present contributed $2 to 
pay the bill. 

Alderman Flynn— I don't object to the Alder- 
men inviting the press, but I do object to putting 
the names of Aldermen on the bill who were not 
present. 

Alderman Stebbins — I rise to correct the gentle- 
man. I know the gentleman don't intend to mis- 
represent me. There was no ilderman's name on 
the bill who was not present. 

Alderman Flynn— I saw the bill, and I think you 
saw it too. It was seen here by members of the 
present Board. I say that the names of Aldermen 
not present were on there. I don't know the 
exact amount, but I know the names of several 
of last year's Aldermen were attached tc the bill 
who were not present. 

Alderman Stebbins — Nine members of the last 
Board were present, and only the names of those 
who were there were attached to the bill. It was 
a proper and legitimate bill. It was before the 
expiration of the municipal year, and at the con- 
clusion of our regular Monday evening session. I 
don't know of any other bill. ' 

Alderman Flynn— I would say that Imean when 
the Aldermen went to Mayor Pierce's house on 
the 2d of July. 

[Alderman Flynn stated afterward to the re- 
porter that he meant to say the 2d of January.] 

Alderman Stebbins — There was no such dinner 
and no such bill, and I approved all the bills of 
the Board of Aldermen. If the Alderman has 
discovered any such bill. I rise to say that I am 
entirely ignorant of it. If such a bill was in- 
curred and charged to the City, it was entirely 
without the knowledge of the chairman of the 
last Boatd of Aldermen. If such was the fact, I 
should be willing to announce it. But there it 
stands, $805.75 to $2722.25. 

Alderman Kelly — I am glad I have served on 
committees with the gentleman who last took his 
seat. I know he means to be prudent. But I 
want to compare what he has said with what I 
know. I have a record here which will bear its 
weight anywhere. But I ask him if the placing 
of the names on the bill does not cause the very 
evil he wishes to avoid? Suppose I go with the 
gentleman and three or four members of the 
Council and sit down to eat a dinner. I may want 
only an ordinary dinner. It may be time 
for a man of my age to go home, and perhaps the 
gentleman, who is prudent, goes home. But the 
younger members remain. We cannot compel 
them to go. After we are gone, and champagne 
is drunk, then I say that is the time when my 
name appears, and I have not partaken of the re- 
freshments furnished. But, after all, I will see 
it it is not suflBeient that the chairman is 
not allowed to approve such a bill with- 
out the vote of a committee. It strikes 
me that that provision affords every guarantee 
of safety. But I don't rise to particularly object 
to having this carried through. I would just as 
leave have it carried through, except in one 
point. The gentleman says the last Board of Al- 
dermen spent $800, and the previous Board $2000. 

Alderman Stebbins — Yes. 

Alderman Kelly— I have a small record here 
which I would like the Alderman to look over. 
[Reading from the minutes of 1877, page 683.] lu 
1868-69, the refreshment bills of the City Council 
amounted to $34,147.81 ; In 1869-70, $45,000 (in round 
numbers); in 1870-71, $31,000; in 1871-72, $20,000; 
In 1872-73, $23,000; in 1873-74, $14,000; in 1874^75, 
$17,000; in 1875-76, $14,000; and in 1876-77, the one 
preceding the year the Alderman has alluded 
to, $12,000. Now, sir, I don't care whether 
this Is adopted or not. I have said all 
I want to. I am chairman of two com- 
mittees, and would like to be taken off of one of 
them ; but I would like to say that I never would 
approve a bill for refreshments with that upon 



JANUARY 20 



1879. 



39 



the records. I don't want to deprive other mem- 
bers here of any privileges, but I certaiuly shall 
never partake of any refreshments at the expense 
of the city while that remains a part of the rec- 
ords- No man shall have an opportunity to take 
up the records and charge me with having re- 
mained at a place drinking and smoking, after 
others have left. 

Alderman Stebbins— I desire to say, on behalf 
of the representatives of the press, that the din- 
ner to which the Alderman alludes never occur- 
red, and that he is entirely mistaken. 

Alderman Flynn— I don't say they were with 
the Aldermen. They went alone. 

Alderman Stebbins— I deny that. 

Alderman Flynn— I woald ask the City Messen- 
ger to get the bill which he presented here with 
the Aldermen's names upon it. 

Alderman Slade — I don't care a cent about this 
anyway, inasmuch as the practice of the Coun- 
cil is not in concurrence with the rule. The idea 
was to make the rule nearly in concurrence with 
The practice. Now, every member of the City 
Council has a glass of liquor if he wants it, t 
guess. Liquors are not struck out, I believe, and 
all we struck out from the old bill is cigars. 
Many people would as soon have a cigar as a din- 
ner, and some would sooner have one, if they 
were compelled to take their choice. The 
liquor point remains in it, and simply cigars are 
struck out. Two years ago, before this rule was 
adopted, the bills that came from the refresh- 
ment rooms of the committees had the names of 
the per.sons having those dinners attached to 
them, but they were not written in the bill. Every 
chairman of a committee could see and know who 
partook of the dinner before he approved the bill. 
But this matter of putting the n.mes upon the 
bill and writing them upon the Auditor's books 
has been a cause of scandal for several years, and 
that is why I object to it. I am not afraid 
to trust such men as the city have 
elected to serve them in the Council, with this 
matter of refreshments. I don'c like the way 
these rules and orders were put in last year, but 
as only seven or eight members of tbe Council 
votf^d to strike them out, I think it would be a 
good thing if the Board o*' Aldermen should 
adopt them and hold them to their promises. 

Alderman Flynn —I would state that tbe Audit- 
or's office is locked up, and it is impossible to get 
the bill. I can produce the bill. 

Tbe Board concurred with the Council into add- 
ing rule 20, and also in adopting rule ii2, as in 
last year's rules. 

The joint rules and orders were then passed in 
concurrence, with the amendment offered by Al- 
derman Stebbins. Sent down. 

COMMITTEE CHANGES. 

Alderman Robinson— I would ask to be excused 
from serving on the Committees on East Boston 
Ferries, Public Lands and Nomination of Auditor 
of Accounts. 

The question was put, and the Chairman de- 
clared that the Board had voted not to excuse 
him. 

Alderman Robinson — I doubt the vote. At any 
'.ate, There is no law to compel m^e to serve. 

Alderman Stebbins— 1 know the aggravation is 
pretty severe, and I appreciate, somewhat, how 
the Alrlerman feels. But still I think he ought to 
serve the city of Boston to the best of his ability. 
The year will soon run by and he can tetter 
afford to submit to the indignity or slight, 
if he considers it as such, tban to decine 
to serve, however humble the position may be. 
Now it is barely possible that the question of the 
ferries may assume a good deal of importance 
before the year closes. Also in the matter of 
public lands — po^sibly there may be a large de- 
mand for land before the year is closed, although 
the nlarket is flat at the present time. 1 hope the 
Alderman will consent to remain in the position 



In which the Mayor has placed him. It seems to 
me so. I have adopted the rule to do any duty I 
have been called upon to perform, however hum- 
ble it may be. 

Alderman Robinson — I would not have alluded 
to it now, had not some one else done so. But I 
don't want to serve upon those committees. I 
have been appoinfed upon new committees, and 
have declined to serve upon them. I will serve 
upon them. 

Alderman Vites — I trust the Board will not ex- 
cuse the Alderman from seviog upon the East 
Boston Ferries. I am chairman of the committee 
and there will not be much for him to do. 

Alderman Robinson — I wish it to be particularly 
understood rhat I don't object to the company I 
am in on those committees. But I have very par- 
ticular reasons why I don't wish to serve upon 
them. 

Alderman Kelly— I hope the gentleman does 
not object to serving upon the Committee on East 
Boston Fen ies on account of the feeling he has 
towards East Boston. 

Alderman Robinson— [ voted last year to re- 
duce the tolls on East Boston ferries. I have 
good feelings toward East Boston and toward rhe 
member from there. 

Alderman Kelly- 1 am frank to say that I think 
there are committees which the gentleman should 
be upon. 1 had my name taken off one commit- 
tee that he might go on. If there is any man to 
be slighted here, I think it should not be any 
one opposed to me in politics. I feel that the 
gentleinan is qualitied to serve upon a commit- 
tees that I am. I would be glad if he would take 
my place on the Committees on Public Buildings 
and Salaries. I am here to do uiy duty the best 
way I can. I hope he wont decline. There may 
be some special coramittees of more importance 
than any yet nominated. I don't think anything has 
been done outof ill leeling. Ibelieve that minorities 
should lie fairly represented. That is my doc- 
trine, I don't think the gentleman has been as 
well treated as he should be I don't know but it 
is according to the custom of gentlemen who pre- 
ceded him, but still that don't make it right. But 
we cannot afford to follow the bad examples of 
our predecessors. 

Alderman Robinson^I want every member of 
this Board to understand that I came here with 
no ill feeling toward any member of this Board. 
If I have been snubbed, as 1 think I have, it is in 
the other room, not here, and I don't propose to 
serve. That is just where I am exactly. 

Alderman Robinson's resignation was accepted, 
5 for, 4 against. 

Alderman Hayden— I rise to ask to be excused 
from serving upon some committees, not because 
I am dissatisfied with the position assigned me. 
I served as chairman of the Committee on Public 
Instruction last year, and was appointed chair- 
man this year. But there is a member much bet- 
ter qualified to serve as chairman than I am. 

Alderman Pope — To carry out the views of the 
Alderman who has just spoken, I decline to serve 
as chairman of the Committee on Fuel. 

Aldermen Hayden and Pope were excused, and 
the Chairman appointed Alderman Pope chair- 
man of the Committee on Public Instruction, and 
Alderman Hayden chairman of the Committee 
on Fuel. Alderman Stebbins was also appointed 
on the committees on Public Lands and Nomina- 
tion of Auditor. 

Alderman Stebbins— Really I hope this is no 
little arrangement by which we are to exchange 
positions. I truf t I may be excused. I think I 
have labor enough. 

Alderman Robinson— 'tou said it don't amount 
to much. 

Alderman Stebbins — I wont shrink any duty. L 
will take it. 

The Chairman appointed Alderman Bell upon 
the Committee on East Boston Ferries. 

Adjourned, on motion of Alderman Slade. 



OOMM-OlSf CO UN CI JL 



40 



CITY OF BOSTON. 



Proceedings of the Common Council, 

JANUARY Q3, 1879. 



Regular meetiug at 7% o'clock P. M., William 
H. Wliitmoie, President, id the chair. 

Mr. PlimpCou of Ward 21— I wish to call atten- 
tion to an error in the printed records of the last 
meeting. As this record is usually accepted as 
being an authority concerning our transactions, 
it should be correct. On page 26, about two-thirds 
of the way down the first column, following Mr. 
Devlin's remarks, it sa,ys, "The amendment to 
rule 22 was adopted, and the amendment ordered 
to a second reading." This amendment was re- 
jected by a very large majority. If you will cor- 
roborate my statemant, I think it will be suffi- 
cient to go into the record of the proceedings. 

The President— The record of the Council is cor- 
rect, and the correction will be made in the min- 
utes. 

MISO^ILLANEOUS PAPERS FROM THE BOARD OF 
ALDERMEN. 

Reports of superintendent? of Congress-street 
and Meridian-street bridges. Placed on tile. 

Petitions were referred in concurrence. 

Reference to tJoard of Health of the order to re- 
port the evidence and arguments on the proposed 
removal of tombs from under St. Paul's Church, 
and to report to what extent interments in tombs 
pi'evail. Concurred. 

Reierence to Committee on Streets of an order 
to rescind so much of the order relating to widen- 
ing Commercial street as contains the conditions. 
Concurred. 

Reference to Committee on City Charter of an 
order to petition for an act to provide for alder- 
manic districts and the election next year of six 
aldermen to serve for one year, and six to serve 
for two years, and annually thereafter six to 
serve tor two years, with an amendment thereto 
that the Mayor serve for two years, and proposing 
a division of the eity into certain districts. Con- 
curred. 

Notice of certain changes in committees on 
part of Board of Aldermen. Placed on file. 

Order to petition for payment of §8379.80 for 
filling land of Commonwealth in rear oi Charles- 
town State Prison. 

Mr. Wheeler of Ward 10— I would like to ask if 
the Commonwealth will probably pay this, or if, 
under the act, the city will be obliged tc sell. 
And i would like to ask if any of the owners of 
the flats are going on with the filling — the Eastern 
Railroad and others. 

Mr. Sibley of Ward 5— The matter referred to in 
the order was where the Board of Health declared 
a piece of ground belonging to the Commonwealth 
a nuisance some three or four years ago, and the 
Commonwealth has never seen proper to pay the 
bill. In regard to the filling, the Eastern Railroad 
has been engaged in it for some titne. Whether 
the Eitchburg Railroad Company has begun or 
not I am unable to say, not having been on the 
ground for some two or three months : but it has 
been said thar the abutters would commence 
early in tne spring, if not this fall. 

The order was passed m concurrence. 

Order for Aldermen to make rules and regula- 
tions for sales by minors and to grant licenses 
therefor. Read'twice and passed in concurrence. 

Orders to make provisions for supplies of furni- 
ture, and Jor cleaning and repairs; 1. On City 
Hall and other public buildings. 2. On school- 
houses. Severally ordered to a second reading, 
when, on motion of Mr. Barry of Ward 22, the 
rule was suspended and the orders were read a 
second time and passed in concunence. 

Order to contract for purchase ot horses, vehi- 
cles, hay and grain, and to make exchanges of 
horses for Health Department. Ordered to a sec- 
ond reading. 

Order for Committee on Bathing to repair and 
maintain the bathing houses, to take charge of 
same and to employ assistance. Ordered to a sec- 
ond reading. 

Order for Committee on Improved Sewerage to 
continue tne work of abating the Roxbury Canal 
nuisance and to exercise the powers conferred by 
the order of July 16, 1878. Ordered to a second 
reading. 

Mr. Coe of Ward 23—1 would like to inquire 
what powers were conferred by the order of 1878. 



Mr. Rosnosky of Ward 16 — An order was passed 
last July to make contracts, and that power ex- 
pired on the Ist of January. The committee could 
not do anything until this order is passed, the 
same as that of last July. They had to stop work 
until this order is passed. 

The order was acted on subsequently. 

Report and order to transfer from ' the appro- 
priation for Board of Health to that for Ever- 
green Cemetery $500. Read twice under a sus- 
pension of the rule, on motion of Mr. Locke of 
Ward 14, and passeJ in concurrence— yeas 68, 
nays 0. 

On motion of Mr. Sibley of Ward 5, the rule was 
suspended and the three orders relating to sup- 
pliers for the Health Department, tne Bathing De- 
partment and the Improved Sewerage were sever- 
ally read a second time and passed in concurrence. 

Order to consider the expediency of having the 
fire commissioners consist of the Chief Engineer, 
' the Superintendent of Fire Alarms, ex officiis, and 
one citizen at large, to be appointed by Mayor 
and confirmed by City Council. Passed in con- 
currence. 

JOINT RULES AND ORDERS. 

The joint rules came down adopted in concur- 
rence, with an amendment to rule 4, by adding 
the words, "Provided said committee shall not, 
unless directed so to do by the City Council, op- 
pose any legislation petitioned for by the preced- 
ing City Council." 

The President — The Chair understands that all 
the rules, twenty-three in number, have been 
agreed to and are now in force, witn the excep- 
tion of rule No. 4, which the Aldermen have 
passed with an amendment. The question is upon 
concurring witii the Aldermen in the amendment 
to rule 4. 

Mr. McGaragle of Ward 8 in the chair. 

Mr. Whitmore of Ward 12 — Mr. President, in 
regard to the rule which has come down to us 
with amendment, I wish to make a brief explana- 
tion. The rule caused considerable discussion in 
the Board ot Aldermen, and, I must say, that re- 
marks were made in regard to the scope of the 
rule which seemed to me not to be warranted by 
the text of It; and, although both branches of the 
Council have passed that portion of the rule, I 
desire to correct a mistake, so that there shall be 
no misunderstanding as to what the rule really 
meant. We added to rule No. 4 the provision 
"that the Jidnt Standing Committee on Legisla- 
tive Matters shall report in print to the 
City Goundi! all bills, resolves and petitions 
presented to the Legislature in behalf of 
the city of Boston, or any department 
thereof.'' Well, now, Mr. President, this 
rule expressly reters only to such bills, resolves 
and petitions presented in the name of the city ot 
Boston or any department thereof. I believe they 
ordinarily amount to twelve or fifteen in a year. By 
some curious misappreben.sion it was urged in 
the other branch this would cover all bills affect- 
ing the city of Boston, but it is perfectly evident 
that the terms of tne rule are different, and I am 
sure the intent of the rule is different. It covers 
simply those petitions made in the name of the 
city of Boston, and, as I have already stated, 
there will not be more than twelve or fifteen in a 
year, and it does seem to me reasonable when we 
pass a petition througn both branches in very 
vague and general terms that we should have no- 
tice back again of what specific action has been 
requested in our name in the Legislature. But I 
do not regret the discussion which Cook place, for 
this reason: It brought to light what does seem 
to me a very serious defect in mis matter. 
It appears that last year the Legislative Commit- 
tee met only six times. I have the authority of 
the Alderman from Ward 12 that the committee 
of the previous year met only twice. In point of 
fact it has been practically managed so as to be 
derogatory to this branch. The Legislative Com- 
mittee is a Joint Standing Committee. There are 
three members of this branch and two ot the 
other,— the majority or control resting with the 
lower branch; and yet for years it has been the 
custom that the chairman has conducted tne busi- 
ness at the State House without calling his com- 
mittee together. This is a state of affairs which 
cannot be to the benefit of the business or the 
city, and I trust hereafter the abuse will be 
remedied. Some statement has been made 
that by additions made to the committee 
this year great economy was expected owing 
to the exertions of one individual. Allow 
me to disclaim for myself any such powers 
or desires; but I do say, Mr. President and gentle. 



41 



COMMON COUNCIL 



men, that if the five members of that committee 
attend to their duties and hold their meetiogs 
regularly, and have reported to them all matters 
going on at the State House, that they can dis- 
pense with the service of any special agent going 
up there, except, perhaps, the Assistant City 
Solicitor, who is always at our service. Instead 
of being the business of one man, as has been the 
case heretofore, I do believe the work or five 
members of the committee will -save a great ex- 
pense to the city, and tl^at the affairs of the city 
•will be conducted better than heretofore. In re- 
gard to the amendment coming down to us, 1 trust 
that the Council will concur. Tbe ob;ject and in- 
tent of the amendment is perfectly well under- 
stood. On the lace of it, it would seem to be as 
unnecessary and inappropriate as to move that the 
Ten Commaudments and the Golden Rule be added 
to our joint rules. The proposed amendment 
reads well; there is nothing oljjectionable in it. 
It oDly seems to be unnecessary. It provides 
that the legislative committee of this body shall 
not undertake to interfere with the acts of the 
preceding City Government unless ordered to do 
so by this City Council. One would imagine that 
that would be iro as a matter of course, and that 
no committee would undertake it. But still, if it 
affords the slightest, consolation or gives the 
slightest safeguard to any member of either 
branch, I move we concur in the passage of the 
amendment. 
The Council concuned in the amendment. 

RULES OF THE COUNCIL. 

Sundry elections of city officers were next lu 
order ou the programme, but Mr. Parkman of 
Ward 9 called tor the report of the Committee on 
Rules and Orders ou rule 70, relating to elections, 
which, with sundry amendments, was referred to 
them at the la!^t meeting-. 

Mr. RosLOSky of Ward 16—1 am ready to report. 

Mr. Brawley of Ward 11 — I believe the rules of 
the last Council were adopted until otherwis-e or- 
dered. No change hriving been made in rule 70, I 
suppose It is in force until we adopt one in its 
place. 

On motion of Mr. Coe, the rule was suspended to 
enable the Committee on Rules to make their re- 
port. 

Mr. Rosnosky submitted the following: 

'Ihe Special Committee on Rules and Orders, 
to whom was recommitted Rule 70, having con- 
sidered the subject, respectfully recommend 
the passage of said rule, to be Imended by 
adding the following words: "The ballots of 
each division shall be collected and counted 
separately, and thf cleik shall preserve said lial- 
loisfor one week." the committee would re- 
spectfully recommend the passage of the follow- 
ing Older: 

Ordered, That iule70of the Rules and Orders 
Of the Council for 1878 be amended to read as 
follows: 

"Rule 70. In all elections by ballot the number 
of blanks and ballots for ineligible persons shall 
be reported, but shall not be counted in the re- 
turns. The ballots of each division shall be col- 
lected and couuted separately, and the clerk shall 
preserve said ballots for one week." 

And that, as amended, said rule be adopted for 
the government of the Ccuncil for 1879. 

Mr. Mowry of Ward 11— I would ask of this com- 
mittee the object and reasons for the proposed 
changes, and especially the changes in the sec- 
tion providing for counting the votes of each 
division separately? 

Mr. Rosnosky — A rule was passed at the last 
meeting that tellers be appointed for each divi- 
sion, and for that reason the tellers could count 
the ballots of each section separately, the same as 
a committee ; and it was desired to save them for 
one week, as it was rumored last year 
that in some cases the committee did not give 
the right figures. By having the ballots in each 
division kept separate, every candidate tor a 
position has a right to have the ballots read. 

Mr. Mowry of Ward 11—1 don't thiokthe gentle- 
man has answered my question as regards the 
propriety of counting ihe ballots by divisions. It 
certainly seemed to me that the s'ystem worked 
well last year, and I have heard no complaint 
until this evening. 

Mr. Rosnosky— We had an election at the last 
meeting. There were seventy votes reported, and 
there vere only sixty-nine members present. 
There were two members absent. If such a thing 
occurred hereafter, by counting the ballots by di- 
visions we would know in what division it oc- 



curred. I think that was on the election of a Com- 
miitee on Finance. The committee went out and 
brought in a report that seventy ballots were 
-thrown and there were only sixty-uine members 
present. 

The President — The Chair would state that the 
gentleman from Ward 11 was not here at the last 
meeting, when this matter was referred to the 
I ommn tee on Rules and Orders in consequence 
of a debate which was had, and section 70 was 
stricken from the rules then passed and the rule 
with various amendments was referred to the 
committee. 

Mr. McGaragle ot Ward 8— At the last meeting 
of the Council I offered an amendment to rule 70, 
and 1 thought the committee would have tried to 
have at least adopted it or looked to the solution 
ot the question raised in the amendment. It 
would be much easier to go through with, and 
would cover the ground much better, than to 
have the ballots preserved, and would expedite 
business a good deal. It is a very simple amend- 
ment, and much more to the point than the rule 
which the committee have reported. I he rule I 
offered is that after a ballot one-fifth of the mem- 
bers of the Council may by vote order a call of 
the roll ot the Council. No ballots would have to 
be preserved, and there would be none of this 
useless machinery to be gone through with. If 
any one doubted, the one-ijfth of the members 
would have a right to have the roll called. In 
that way the vote could be verified. 

Mr. Barry of Ward 22 — I believe in having the 
rules as stringent as possible, but it seems to me 
that the report of the committee is too vague, to 
say the least. Suppose we do preserve the bal- 
lots one week; after the Chair has decided the 
candidate elected, what good would it do to have 
the ballots preserved? We cannot reconsider an 
election. 

Mr. iviowry of Ward 11— It seems to me taat the 
remarks of the gentleman opposite are remarka- 
bly proper, and I hope the report will not be ac- 
cepted. I hope the amendment of the gentleman 
from Ward 8 will be incorporated in the action 
of this Council. 

Mr. Brawley of Ward 19— The amendment of- 
fered by the gentleman from Ward 8 was given 
some consideration by the committee, and they 
failed to see any virtue in it. When a ballot is 
taken it is usually the custom for members to 
leave their seats. Now, it three members of this 
Council leave their seats, and you should call the 
roll, you would have three more ballots than there 
are inembers present You cannot compel a man 
to sit in his seat. The same thing might occur if 
you should call the roll before a ballot was taken, 
if calling the roll will force members to keep 
their seats, then, of course, there would be some 
virtue in it. But even then you would not arrive 
at what we are trying to get at. If seventy bal- 
lots were cast and only sixty-nine persons were 
present, it would be plain that some person had 
cast two ballots. If any gentleman will offer an 
amendment covering the point, the committee 
will be glad of it. The committee could not think 
of anything better. The idea of having the bal- 
lots counted by divisions was to see in which di- 
vision were the extra ballots. It it could be 
shown in which division the error occurred and 
so stated to the Council, the error would not 
occur again. That was the object of counting 
them by divisions. The gentleman has stated the 
ballots have been counted and correct returns 
were not made. How much truth there is in it I 
do not knoV. But the preservation of the ballots 
would verify the report of the committee. 

Mr. McGaragle— I desire to offer this as a sub- 
stitute for the report of the committee: 

To amend rule 70 by adding the following 
words: "After a ballot has been ordered, ii may 
be moved, and by vote of one-tifth of the mem- 
bers present ordered, that there be a call of the 
roll of members." 

The amendment of Mr. McGaragle was adopted. 

Rule 70, as amended by the adoption of the sub- 
stitwte of Mr, McGaragle, was then passed. 

ELECTIONS. 

Elections of city officers were had as follows : 
Trustees of the Public Library. A certificate 
came down of the election of Alderman Hugh 
O'Brien and Councilman Roger Wolcott as Trus- 
tees of the Public Library. On motion of Mr. 
Brawley, an election was ordered. 

Mr. Parkman of Ward 9 called attention to the 
fact that in the printed ballot for the candidate 
from the Common Council the name was spelled 



JANUARY 23, 1879. 



43 



with an "a" Instead of au "o," and suggested that 
it might invalidate the election. 

The President said every member of the Council 
knew there was but one Roger Wolcott liable to 
be elected, and he presumed no one would dispute 
it on that ground. 

Committee— Messrs. Sibley of Ward 5, Barry of 
Ward 22, Morgan of Ward 15. 

Whole number of votes 68 

Necessary for a choice 35 

Alderman Hugh O'Brien 66 

Councilman Roger Wolcott 65 

Alderman Benjamin Pope 1 

" J.S.Robinson , 1 

Messrs. O'Brien and Wolcott were elected in 
concurrence. 

Directors for fuOlic Institutions. A certificate 
came down of the election of Alderman Clinton 
Viles and Ccuncilmen John Taylor and Paul H. 
Kendricken. On motion of Mr. Rosnosky of 
Ward 16, ;in election was ordered. 

Mr. Swift of Ward 9—1 see that my name is 
printed upon one of the ballots for Directors for 
Public Institutions. It was put there without my 
knowledge or consent, and I do not wish to be a 
candidate against the regular nominations of the 
committee.' 

Mr. Devlin of Ward 13—1 certainly must reiter- 
ate the words of the gentleman from Ward 9. I 
also find my name on the ballots without my 
knowledge, and I certainly will not be a candi- 
date against tne regular nominees. 

Mr. Bunten of Ward 8 — I also infoi'm members 
that my name has been used without my knowl- 
edge or consent, and I don't wish anybody to vote 
for me. 

Committee — Messrs. Rosnoskv of Ward 16, J. J. 
Doherty of Ward 2, Brown of Ward 23. 

Whole number of ballots 69 

Necessary for a choice 35 

Alderman Clinton Viles had 62 

C. H. B. Breok 1 

" J. J. Flynn. 1 

Councilman Edwin Sibley 34 

" Paul H. Kendricken 34 

John Taylor 26 

H.W.Swift 10 

" Thomas H. Devlin 2 

And one ballot for Trustees of Mt. Hope Cemetery. 
Alderman Viles was declared elected in concur- 
rence, and on motion of Mr. Brawley of Ward 19 
a secooa ballot was ordered. 

Mr. Devlin of Ward 13 moved a recess of five 
minutes, to enable members to arrange their bal- 
lots. Lost. 

Whole number of ballots 68 

Necessary for a choice 35 

John Taylor 26 

Edwm Sibley 37 

T. H. Devlin 3 

P. H. Kendricken 33 

H.W. Swift 3 

P.J. Magulre , 1 

C. V. Bunten 2 

Mr. Sibley was declared elected in non-concur- 
rence. 

Mr. Rosnosky of Ward 16 moved to proceed to 
another ballot. 

Mr. Devlio of Ward 15— It appears to me that 
some of the members must nave come in recently 
who may not perhaps have heard my previous re- 
marks tiiat I am not a candidate. I now reiterate 
the statement, and hope that any friends I may 
have will vote ! or Paul H. Kendricken for the of- 
fice of Director for Public Institutions. 
An election was ordered. 

Mr. Morgan of Ward 15 moved a recess of five 
minutes. Lost. 

Whole number of votes 68 

Necessary to a choice 35 

Paul H. Kendricken 34 

John Taylor 32 

John F. Colby 1 

And one ballot with two Barnes on it not counted. 
There being no choice, on motion of Mr. McGar- 
agle of Ward 8 another ballo'c was ordered. 

While the committee were out, Mr.Coe of Ward 
23 moved a recess of one minute, and the Presi- 
dent ruled that no business could be transacted 
until tbe committee came in. 

When t'ne committee came in, ana before they 
had reported, Mr. McGaragle of Ward 8 said, I 
would ask the committee if on the last ballot they 
included the ballot containing two names in the 
whole number reported (68). 
Mr. Rosnosky— We did. 

Mr. McGaragle— Then I claim that Mr, Ken- 
was elected, there being only 67 voles cast and 
Mr. Kendricken having received 34. 
Mr. Rosnosky— Both names appeared on the 



ballot, and we could not give it to either Mr. Tay- 
lor or Mr. Kendricken. We laid it aside. 

Mr. McGaragle— It ought to have been thrown 
out. 

The President — The Chair is of opinion, the 
point of order having been raised by McGaragle 
of Ward 8, that under the rules there were only 67 
votes which could be counted, and Mr. Kendricken 
having received 34 was elected on the third bal- 
lot. It may seem strange that it should have es- 
caped the attention of the ■ hair, but I was not 
aware that it is the duty of the Chair to scruti- 
nize the retitrns of the committee. But my at- 
tention having been called to the subject, and 
the statement having been referred to the com- 
mittee, there seems to be no question that the 
third ballot should be amended by the committee, 
so that it should read necessary for a choice 34, 
instead of 35, and I will therefore rule that Mr. 
Kendrickeo is elected on the thira ballot, and 
request the chairman ot the committee to amend 
the report. 

Mr. Mowry — I would like to ask for informa- 
tion, it I understand correctly that the ballot con- 
taining two names was included in the whole 
number reported by the committee. 

Mr. h'osnosky— It was, sir. 

The Presideut^There seems to be no positive 
rule laid down as to what shall be ballots for in- 
eligible persons. In regard to the ballot bearing 
two names, it would seem certainly that it ought 
not to be counted; it should be either a blank, or 
considered as a ballot for an ineligible person; 
and yet it is not so clear in the rule as the Chair 
would like; but for the sake of deciding the point 
which has now been made, the Chair will decide 
that Mr. Kendricken had 34, Mr. Taylor 
32, and Mr. Colby 1, and 1 ballot which could 
not be counted for any person; that only 67 
votes have been cast, and Mr. Kendi icken was 
elected. I would therefore rule tnat Mr. Ken- 
dricken was elected in concurrence on the third 
ballot, and request the committee to so amend the 
return. 

On motion of Mr. McGaragle, the report was 
recommitted to the committee tor alteration and 
verihcatiou. 

The committee retired, and reported the result 
of the third ballot as follows: 

Whole number of ballots 67 

Necessary to a choice 34 

Paul H. Kendricken 34 

JohnTayJor.. 32 

Mr. Kendricken was declared elected in concur- 
rence. Certificate sent up. 

Trustees of Mt. Hope Cemetery. A certificate 
came down of the election ot Alderman Charles 
Hayden and Councilmen Albert F. Lauten and Al- 
fred S. Brown. 

On motion of Mr. Brawley of Ward 19, a ballot 
was ordered. 

Mr. Brawley of Ward 19— As there is a great 
number of ballots on our desk, and they are 
mixed up with a good many split tickets, I would 
like to remind the members of tbe Council that 
the nominations of the committee were Alderman 
Hayden from the other board and Councilmen 
Lauten and Devine from this board, and I hope 
that we will have but one ballot and that mem- 
bers will see the necessity for voting for the dif- 
ferent nominations and save time. Mr. Devine, 
who was not elected on the other board com- 
mittee and should have been, was waited upon by 
the committee and requested to have his name 
used. The committee found some difficulty in 
getting men to accept the position. Mr. Devine 
accepted the position with much reluctance, and 
I hope members of tbe Council will see the neces- 
sity of electing him. 

Committee- Messrs. Sawyer of Ward 18, Green- 
ough of Ward 9 and Costello of Ward 22, 

Whole number of ballots 67 

Necessary for a choice 34 

Alderman Richard Pope 1 

" Charles Hayden 59 

Councilman D. J. Sweeney 1 

C. F. Austin 2 

Albert F. Lanten 31 

" James Devine 21 

gAlf red S. Brown 37 

Alderman Hayden. and Councilman Brown were 
declared elected in concurrence, and on motion of 
Mr. McGaragle another ballot was ordered. 

Whole number oC votes ....67 

Necessary for a choice 34 

Councilman James Devine 32 

" A. F. Lauten 34 

And one blank 



43 



OOMIMON OOUNOIL 



Mr. Lauten was declared elected in concur- 
rence. 

Directors of East Boston Ferries. A certificate 
came down of the election ot Alderman C. H. B. 
Breck and Councilmen J. J. Doherty and Benja- 
min Brintnall. 

On motion ot Mr. McGaragle, an election was 
ordered. 

Committee — Messrs. "Wheeler of Ward 10, Bun- 
ten ot Ward 8 and Maguire ol Ward 19. 

Whole number of votes 66 

Necessary for a choice 34 

Alderman C. H. B. Breck had 65 

Councilman Beniamin Brintnall 57 

" J. J. Doherty 56 

" H.N. Shepard 6 

J. Healy 1 

" J.L.Mason 1 

" O. B.Mowry 11 

Messrs. Breck, Brintnall and Doherty were 
elected in concurrence. 

Trustees of the City Hospital. A certificate 
came down of the election of Alderman Joseph 
A. Tucker and Councilmen James J. Barry and 
P. F. McGaragle. 

Ou mor.ion of Mr. Sawyer of Ward 18, a ballot 
was ordered. 

Mr. Brawley of Ward 19—1 find my name print- 
ed as a candidate for Trustee ot the City Hospi- 
tal. I desire to state that I saw it this evening 
for the first time, and I hope no t)aUots will be 
cast with my name upon them. 

Committee — Messrs. Lauteu of Ward 14, Ken- 
dricken of Ward 20, and O'Brien of Ward 13. 

On motion ot iWr. Sibley, a recess was taken, 
after which the committee reported : 

Whole number of votes cast 67 

Necessary tor a choice 34 

Alderman Joseph A. Tucker 66 

Councilman P. P. McGaragle 34 

" J.J.Barrv 34 

Henry F. Coe 34 

" Isaac Kosnosky 4 

" George T. Perkins 13 

Alderman Tucker was declared elected in con- 
currence. 

Mr. Devlin of Ward 13 moved that the election 
be assigned to nine o'clock next Thursday even- 
ing. Declared lost. Mr. Devlin doubtea the vote 
and called for the yeas and nays. Lost. 

On motion of Mr. Sawyer of Ward 18, another 
ballot was ordered. 

Mr. Rosnosky — I do not like to have my name 
used as a candidate. 

On motion ot Mr. Sibley, a recess was taken, 
after which the committee "reported: 

Whole number of votes 68 

Necessary for a choice 35 

Patrick F. McGaragle 36 

James J. Barry 35 

Hen ry F. Coe 33 

George T. Perkins 7 

Isaac Rosnosky 2 

John F. Colby 1 

O. B. Mowry .J 

John P. Brawley 1 

Messrs. McGaragle and Barry were declared 
elected in concurrence. 

EAST BOSTON FEERIBS. 

Mr. J. J. Doherty of Ward 2 moved a recon- 
sideration of the vote whereby was passed the 
order as amended I o petition for the right to be 
given to Board of Aldermen to levy and collect 
tolls on East Boston Ferries or to make them fi'ee, 
with an amendment that said act be submitted to 
a vote ot the people ot Boston for approval. 

The question was upon reconsideration. 

Mr. Shepard of Ward 1— Mr. President, I natur- 
ally feel a desire to say something upon a ques- 
tion of so much importance to the people of East 
Boston and the city as the question ot the East 
Boston ferries, and still I must say that I regret 
that this matter did not go through as introduced 
last Thursday, even though it deprived me of say- 
ing anything upon it. A week ago last Thursday 
I was obliged to leave the city to attena a case in 
the city of New York, and was unable to return 
until Monday; therefore, the matter being still 
' before the Council, I take the opportunity to say 
a word why I think we should reconsider the 
amendment enacted at the last meeting, and pass 
the order as originally introduced. I know that 
objection is made to this order that it puts it in 
the power ot the Board of Aldermen to reducie 
the tolls even to a nominal sum, and also to 
free the ferries, provided the Legislature en- 
act such a law as we ask for. It must be ob- 
vious to all gentlemen why we propose to 
give them the entire control of the ferries. They 



have the right to regulate the tolls to a certain 
extent, and it is merely proposed to give to them 
the entire control ot those ferries, the same as 
they control every bridge to South Boston or 
Charlestown, or any other highway. The ferries 
are but a means of approach from IDast Boston to 
the city proper, and the Board of Aldermen are 
the proper persons to have control over such 
matters^ as they are the surveyors of highways 
and county commissioners. That the tolls are to 
be reduced, or may be reduced, may be true. 
Last year it was found that the ferries were earn- 
ing considerably more than their running ex- 
penses, and a reduction of twenty per cent, might 
be made in the tolls. If it should be found, atter 
this act has become law, that there is still op- 
portunity for it to be done, 1 trust a reduction 
will be made in the tolls. Even such a conserva- 
tive man as Alderman Whidden, who has the 
reputation of not allowing a dollar, or even a 
cent, to go out ot the treasury if it can be helped, 
was in favor of the reduction, and said the 
ferries should be free It is further said, if 
this law should be passed by the Legislature, that 
the ferries will be free. It may be so. It will be a 
thing to be decided if the Legislature give the re- 
quired permission. It is not strictly before us at 
this moment. It is not a question that comes be- 
fore the Council now. Still. I do not shrink from 
the question. If the question ever comes before 
the Council, I trust the ferries will be made free. 
I think it is a matter of justice to the people of 
East Boston, and good policy for the city. Some 
years ago a charter was given to build a bridge 
"to East Boston, and it was not built because the 
merchants claimed it would interfere with the 
commerce of the city of Boston. Still, it must be 
evident if a bridge had been built, no matter at 
what expense, that the bridge would now be 
free, and we should be travelling over it without 
paying a cent of toll. It is against the policy of 
this age that tolls should be charged on any high- 
way. Because the people of East Boston are suf- 
fering the inconvenience of the ferries, it certain- 
ly is fair that the burden should be distributed 
over the whole city, and not be borne by East 
Boston alone. I advocate this measure 
as a citizen of East Boston, in the first 
place, I believe it will be to our benefit. It will 
enhance the prosperity of that section of the city, 
and cause our vacant land to be occupied, and 
our dockyards to be once more alive; it will en- 
hance our real estate, and that benefit is certainly 
something. Further than that, I am in favor of 
this measure as a citizen of Boston. We are en- 
gaged in arace with other commercial ports for the 
commerce of this country. The numberof places 
through which this commerce may go, you may 
count on your fingers. There is the St, Law- 
rence, Portland, New York, Philadelphia, Balti- 
more and the Southern ports. The ports of the 
St. Lawrence are closed in winter, and Boston has 
certainly great natural advantages over the other 
ports. In the first place, it is a day's distance 
shorter to Europe. 

The President— Although I trust that the time 
for debate will not be lengthened, still I hope time 
will be given to the gentleman to finish his re- 
marks. His time has expired. 

On motion of Mr. Wolcott, the time of Mr. 
Shepard was extended. 

Mr. Shepard— I thank you for your kindness in 
allowing me to finish my observations. I know it 
is late and I am sorry to take up your time. I was 
endeavoring to show why we should ask the 
Legislaturefor such a law as this. It is the policy 
of the city of Boston to remove every obstruction 
to commerce. We are engaged in a race with 
these other great cities l>or the commerce of this 
continent. We are a day's sail shorter to Europe. 
We are engaged in a race where capital and en- 
terprise fire against us, and we must remove 
everything that stands in our way. The margins 
are so close in this matter that a few cents in a 
ton will turn the current of trade one way or 
another. I would refer you to a circular I have, 
and in the second column you will see where the 
matter has come up in New York, and they have 
seen the rivalry of the city of Boston, and they 
hope to reduce it by doing away with the tolls on 
the Erie Canal, so that the grain may come 
across the whole of that State without pay- 
ing anything. I have not time at this 
moment to dwell further upon why I think the 
measure should be enacted, but I will state 
why I think the amendment should not be adopt- 
ed. In the first place, it might be said, why are 
you not willing to submit it to the people? Are 



JAINUARY 2 3 



ia79 



4:4. 



you afraid of them? I do not feel that I am called 
upon to meet that question ; but if I were, 1 hold 
in my hand editorials from various papers, and 
it will be found that with hardly any excep- 
tion they advocated the measure I now advocate. 
But, t'urthertnore, I hold in my hand a copy 
of the petition that was signed by over seven 
thousand citizens in this city, representing 
over $100,000,000 of property, asking that these 
ferries might be free— a petition signed by the 
leadiug merchants of this city, and started 
and got up in the city proper, and signed by mer- 
chants in Charlestown and by merchants in 
Boston. I oppose this amendment for the rea- 
son tbat I am not willing to shirk any responsi- 
bility. We are sent here to pass such laws 
as we see fit, and not to consult the peo- 
ple. If any claange or alteration in the charter 
came along it might be necessary to consult the 
people, but here I say we should use our own 
judgment and discretion. When they wanted to 
come to a settlement about the sewerage question 
they did not go to the people. When they built At- 
lantic avenue, costing $1,500,000, it was decided in 
the Council, and I see no difference in the prin- 
ciple. 1 trust, therefore, we shall reconsider the 
amendment, and pass the order as originally In- 
troduced. 

Mr. Wolcott of Ward 11— The gentleman's 
speech to which we have listened with a good 
deal of interest is earnest, such as might be ex- 
pected from a citizen of East Boston, and elo- 
quent, as might be expected from the gentleman 
from Ward 1. As the time allowed for discussion 
is brief, I propose to take up one or two points 
made by him. I would call attention to the fact 
that when this measure was first put in— a meas- 
ure involving an annual expenditure for the city 
of Boston of from one hundred and seventy-tive 
thousand to two hundred and fifty thousand dol- 
lars—when I simply requested that it should be 
postponed one week for consideration, it was ob- 
jected to, on the ground that the time was very 
short. But the gentleman from Ward 1, with that 
sense of fairness which always characterizes him, 
finally waived his objections and gracefully yield- 
ed to the assignment. Now, when the matter has 
been fully considered, and a.i amendment was 
added, by a majority vote of tlie Council, which 
appeared reasonable and just, then a week is not 
too long a time to postpone a decision in order to 
strike off that amendment. The gentleman 
speaks of the injustice to East Boston. I aeuy ab- 
solutely that the people of East Boston have been 
treated unjustly. He speaks of it as a highway, 
and he claims free and speedy access to the 
city as a natural right. They have speedy access 
already; but, in addition to that, the gentleman 
wants free access, and he also wants free trans- 
portation. It is as if the residents of Deer Island 
should claim free access to the city. There is no 
such right. The matter has to come up on its 
merits, just as if any other sections should 
petition for a highway. In that aspect of the case, 
the unreasonableness of the demand is apparent. 
The amount required to run these ferries is nearly 
equivalent to the total taxes derived from East 
Boston, leaving nothing for the care of the streets, 
for tire department, water and the other ex- 
penses of government. The gentleman says he 
asks for this as a citizen of East Boston first, and 
next as a citizen of Boston. It he asks for this as 
a citizen of Boston I cannot see how he can refuse 
to submit it to the people. He says it is the policy 
of the city of Boston to remove obstacles to com- 
merce. That is the true policy. It is also the policy 
of the city to keep taxes down to within an endur- 
able limit. Taxation has already nearly reached 
the limit to which it can go. In this year, 
when economy has been the prim-e issue in the 
contest, it seems a very strange thing in the be- 
ginning of the year for this Council to assume to 
draw so largely upon the treasury by adopting 
such a measure as the freeing of the ferries. 
Now, sir, let me say one word in regard to the 
petition to which the gentleman has alluded. We 
■went over thHt two years ago. The hundred mill- 
ions In the twinkling of an eye dwindled to sixty 
millions. The assessors stated that they gave the 
amount $90,000,000, and $30,000,000 were of bank- 
ing stock. The presidents of the banks denied 
that they had desired or intended to pledge 
the capital stock of their banks in the 
measure. Then as to the number of names. A 
great many men siscn petitions without looking 
at them, in East Boston undoubtedly everybody 
signs a petition for free ferries. But it appeared 
that of those on the petition about forty per cent. 



were not voters, which reduces the number very 
materially. I wish to say, in closing, that this 
amendment appears to me reasonable and lair 
and just to East Boston and to the citizens of the 
whole city. I frankly admit that if put 
to a vote I should oppose the measure. But if it 
is to be pushed here year after year, if it is to be 
brought forward as a sectional measure, I do 
hope that gentlemen will adhere to their decision 
of last week, that the only fair and reasonable 
issue of this is to submit it to a vote of the whole 
city to decide. 

Mr, Stearns of Ward 24— At the last meeting I 
opposed this measure. Perhaps if I lived in East 
Boston I should advocate free ferries. I don't 
think it is right, and I belive if is entirely uncall- 
ed for. As to the petition, there are many things 
about petitions which are suspicious. I have 
heard it stated that some men will sign any netl- 
tion that is brought to them, and I have heard it 
intimatea that certain gentlemen could be induced 
to sign a petition to hang themselves. Gentle- 
men should not put mtieh consideration upon the 
petition. For one I am willing to put myself upon 
record here not to adopt a new plan or policy to 
spend a great deal of money agaicst the wishes of 
the citizens of Boston, and I trust the gentlemen 
here are not willing to put themselves upon 
record against so fair a proposition for the in- 
terest of the city of Boston as this. 

Mr. Swift of Ward 9— At our last meeting we 
passed this vote to petition the Legislature tor an 
act looking towards the freeing of East Boston 
ferries, but with the provision that it should be 
submitted to the citizens tor ratification. Now, 
the question that comes before us is whether the 
freeing of the East Boston ferries is so desirable 
that we should petition the Legislature for it, 
whether the citizens of Boston wish for it or not. 
I must say it seems to me tbat the utility of the 
measure is not so clear that we should petition 
for it, even against the wishes of the citizens. 
The position In which the city stands to its debt 
and as to its annual expenses should always be 
borne in mind. His Honor the Mayor, in his most 
admirable address, pointed out to us the position 
in which we are now placed — that we are not in a 
position to make improvements, no matter 
how desirable they might be, or however 
they might be wished for, we are not in a position 
to indulge them unless they were necessitous. 
The amount received by the citizens of Boston 
from these ferries is $175,000 a year; at least, that 
was the amount received according to the last 
year's record; it will be, if the ferries are free, an 
annual loss of $175,000. It seems to me a question 
which should be submitted to the citizens. Now, 
the citizens of East Boston ask the city to trans- 
port them to and from their homes, and this is 
demanded on the ground that it is a highway; 
but, as the gentleman from Ward 11 has pointed 
out, a free ferry is move than a highway. It is one 
thing to build a bridge and another to carry him 
across it. If there was a bridge to East Boston, 
that would not carry them across. If they were 
going by the street cars or omnibuses, they would 
toe obliged to pay more. It seems to me that there 
is very little hardship to the citizens of East Boston. 
I had occasion the other day to cross there, and I 
found that the steamers had every convenience 
and comfort. There were seats, and it struck me 
that as far as the means of transportation were 
concerned I should prefer Bast Boston to Charles- 
town. I cannot say that it is so much of a hard- 
ship to citizens of East Boston to pay one and a 
third cents when the citizens of Brighton and 
Roxbury and Charlestown have to pay six cents 
to be carried in a horse car. So it does not seem 
to me to be any hardship to the citizens ot East 
Boston. As to the improvements mentioned by 
the gentleman as not submitted to the citizens of 
Boston, it is such as those and others like them 
which have increased and added to the citv debt. 
In the present condition of the cityfina'nces I 
think we ought .to think twice before we in- 
crease it. 

On motion of Mr. Coyle of Ward 13 the gentle- 
man's time was extended. 

Mr. Swift— I have only one word to say. It has 
been suggested titiat the commerce of Boston 
would be largely affected by the removal of the 
tolls, but it seems to me that that is hardly a fair 
assumption. I doubt whether the business of 
East Boston is largely impeded by this slight toll 
which is now required, and, which is certainly a 
very reasonable one. I do not know that I care 
to take the time of the Council further. J thought 



45 



COM. M ON OOtJNOIL 



of makiDg further remarks, but I think it hardly 
necessary to say any more. 

Mr. Shepard of Ward l—With the consent of 
the Council I would like to say a word in reply to 
what has been said by gentlemen on the other 
side. I merely wish to say in reply to the gentle- 
man who just took his seat, who said he did not 
believe that these tolls were a discrimina- 
tion against the commerce of East Boston 
at all, that I hold in my hand a cara issued 
by the proprietors of a certain line who dis- 
charged their steamers over there. The line has 
been removed to Constitution wharf because the 
tolls to East Boston are so great that they are un- 
able to comi:ete. They sent this card out to the 
merchants asking them to send their freight by 
that line. I claim it is a discrimination against 
this line which has built up the commerce of this 
port more than any other. I refer to the Cunard 
line. It has invested a large amount of capital in 
this city, and the tolls are a discrimination against 
them. 

Mr, Wolcott- May I ask the gentleman a single 
question ? Ishoulf like to ask him what differ- 
ence it makes to the citizens of Boston whether 
the line leaves from one point or from another? 
My whole point is that this matter should be 
looked at from the view of the citizens of Boston, 
and not from the view of a citizen of East Boston 
alone. 

Mr. Shepard — It does not make a particle of 
difference, but I contend there is business enough 
in this city to use every availaiile inch of space of 
our water front that we can get. We need to 
develop the South Boston flats; we need to de- 
velon the natural advantages of East Boston, 
and I stand here as a representative of no section 
of the city, but as an advocate of measures to 
develope our commerce in the future. It has 
been stated that the petition referred to has been 
simmered down a great deal. I would liketo 
have you look over this list of over 7000 shippers 
within the city, men who pay taxes in the city, 
and say what the feeling of the commercial classes 
is here with regard to the tolls of the East Boston 
ferries. 

Mr. Wheeler— I woula like to ask the gentleman 
one question. Is it not true that but a very small 
portion of the merchandise exported from East 
Boston passes over the ferries? It is not true 
that it comes mainly by the Grand Junction Rail- 
road and lighters? 

Mr. Shepard — A part of the mercbaudi^e does 
come by r;ii), and is not affected by this. But 
every steamer that lies there and uses that natu- 
ral water I ront of ottr city, is obliged to have its 
supplies ''>■', ied over the ferries. There is a great 
deal of teaming done. Of course we expect Bos- 
ton is to \)e developed as a market of supply. But 
the clisciimination by the tolls is so great against 
East Boston that one of the lines of steamers has 
left there and gone to Constitution wharf. 

On motion of Mr. Colby of Ward 18, the yeas 
and nays were ordered. 

The question was taken on reconsideration. 

When the name of Mr. Magnire of Ward 19 was 
called, he arose and a.idiessed the Chair, saying, 
Mr. President, I wish to be excused, as I agreed 
to pair with Mr. Denney of Ward 12. | 

The President— It is too late. 

Mr. McGaragle of Ward 8—1 do not want to rest 
on that particular point; but I think our worthy 
Clerk has skipped one member who is in his seat, 
and I hope the rule will be enforced. I refer to 
the gentlemen from Ward 6, who has not voted. 

The President— The Chair will first consider the 
remark of Mr. Magnire, which he did not fully 
understand. The gentleman asked to be excused 
on the ground ot having "paired" with Mr. Den- 
ney of Ward 12. The Chair is of opinion that it is 
too late for any gentleman to ask to be excused 
after the roll call has commenced. 

Mr. Maguire — It is a matter that I did not thor- 
oughly understaud and I supposed it was proper 
for me, when my name was called, to answer and 
state that I ha'd paired with Mr.' Denney. Mr. 
Denney would have been here if he had not paired 
with me. 

The President — The Chair would state 
that Mr. Kidney sent to the Chair a 
notice that he had paired with Mr. Wyman of 
Ward 21, and it being no fault of the Chair or of 
the gentleman of Ward 6, the Chair would rule 
that the notice iii veu by Mr. Kidney was legal. 

The President read the notice from Mr. Kidney 
stating that he had paired with Mr. Wyman, and 
asking to be excused. 

The Council voted that Mr. Kidney be excused. 



The President— The question is next in regard 
to the statement of Mr. Maguire that he paired, 
which statement came too late to prevent his be- 
ing obliged to answer on the roll call. It is for 
the Council to say if it will suspend the rule. 

Mr. Brawley of Ward 19—1 move that the rule 
be suspended in order that Mr. Maguire may be 
excused, as it is very eviaent he was not aware 
that he is not obliged to answer when his name is 
called without being excused. I hope the mem- 
bers will su!^pend the rule as a matter of courtesy. 

The rule was suspended, and Maguire was ex- 
cused from voting. 

The motion to reconsider was lost— yeas 30, 
nays 32. 

Yeas — Messrs. Barry, Brawley, Cannon, 
Cavanagb, Christal, Costello, Devine, Dev- 
lin, C. F. Doherty, J. J. Doherty, Furlong, Han- 
cock, Kendricken, Locke, Lovering, McG-ahey, 
McGaragle, McLaughlin, Morgan, MuUane, Mur- 
phy, O'Brien, O'Dowd, Ilo«nosky, J. A. Sawyer, 
Shepard, Sibley, Sweeney, Woolley— 29. 

Nays — Messrs. Anthony, Elakemore, Bowker, 
Bunten, Clapp, Coe, Colby, Dudley, Fisher, Green- 
ough,Hart, Haye?, Healy, Hilton, Howard, Lauten, 
Morrison, Mowry, Nason, Parkmau, Perkins, 
Plimpton, Pray, Rust, H.N.Sawyer, N. Sawyer, 
Stearns, Sweetser, Swift, Taylor, Ward, Wheeler, 
Wolcott— 33. 

Absent or not voting — Messrs. Austin, Brintnall, 
Brown, Denny, J. Doherty, Kelley, Kidney, Wy- 
man — 7. 

RINGING OF TUE BELLS. 

Mr. Plimpton of Ward 21 moved a reconsidera- 
tion of the order passed at the last meeting in 
reference to the ringing of the bells. 

Mr. Plimpton — This order was presented late in 
the evening, and, under the new rule, passed by 
one full reading. It was passed hurriedly. I do 
not believe in referring every order to a commit- 
tee; and I don't know any argument to be 
brought up in favor of ringing these bells. The 
only argument I have heard is, it is an 
old custom, which I regard as no argument at 
all. I consider it an old-time nuisance, especially 
to people living in the vicinity ot the bells. Sick 
people complain of the ringing of the bells. The 
people of Roxbury, East and South Boston, 
Chailestown and Dorchester have been spared the 
affliction of the ringing of these oells. I do not 
think there is any general desire to have these 
bells rung as they have been in the past, and I 
believe the commissioners acted wisely in passing 
an ordei' for their discontinuance. I hope the 
order will be reconsidered. 

Mr. Christal ot Ward 8—1 presented that order 
for the purpose of having an old-established cus- 
tom once more resumed, and the benefit arising 
from it is well known to gentlemen on this floor; 
that a good deal of utility has arisen from it in 
several respects. I have inquired in the com- 
missioners' office, and find that it has been a 
practice to ring the bells for fiity years back, and 
that thev were discontinued, not on account 
ot the tmuU amount of eight hundred dol- 
lars per year, involving all the expense of 
ringing; but they were discontinued to sympa- 
thize with some rich individual who was sick and 
did n't want the bells to ring. They sympathized 
with one person in particular. You all know the 
utility of the ringing of those Dells. There are 
hundreds of people in this city who have been in 
the habit of hearing those bells and having their 
children come home by them from the Common 
where they have been coasting and playing. You 
are well aware, sir, of the benefit to poor people 
from the ringing of the bells, and you know there 
ate many people who have no other time what- 
ever. All these things being taken into consider- 
ation, I think'it is robbing a poor man of a privi- 
lege which he has inherited down from the fore- 
fathers, I think it is unjust to deprive poor people 
of this benefit. Another reason is, there are 
several parties who go out at night, and con- 
sider it improper to be out after a cer- 
tain time, and perhaps when they hear the nine- 
o'clock bell, they would know it is time for them 
to go home. I think it is right that the poor jieo- 
ple shotxld have the benefit of ringing the bells, 
and for that reason I hope we shall not reconsider 
the vote. You will agree with me that the benefit 
is to come to the poor people and not to the rich. 
It seems to be the object of some people to crush 
the poor and deprive them ot rights ana privi- 
leges which they have inherited for so many 
years. 

Mr. Plimpton— Perhaps there may have been 



J A N U AR Y 38 



1879 



4a 



sorae utiiifcy in this custom wben it was estab- 
lisbed; but now, when there are so many clocks 
wbich strike the hour, and somany steani"whi8tles 
to show the noon hour, 1. deny that there is any 
utility in the ringing of the bells at this time. 
The reconsideration was lost. Sent up. 

VICTUALLKBS' LICENSES. 

Mr. Mullane of Ward 12 called up the special as- 
signment, viz., the order for a Committee on 
Legislative Matters to oppose the petition ol the 
city of Boston now pending in the Legislature, 
for an act to transfer the issuing of the Victual- 
lers' licenses to the Board of the Police Commis- 
sioners. 

Mr. Mullane— That is rather an unusual order, 
and it is perhaps best that 1 should explain why 
it has been introduced. The reason the original 
order was introduced was tnat the Committee on 
Licenses had a great deal of work on account of 
the new liquor law. It required all parties wish- 
ing a liquor license to get a victualler's license 
from that cotoraittee; it took a great deal of val- 
uable time of the Board of Aldermen, and now 
that you are going to take what little power there 
is invested in the Board of Aldermen and give it 
to the Police Commissioners, what is left for the 
Aldermen? I have always been opposed to taking 
the powers out of the hands of the people, and for 
that reason I opposed the passage of that order. 

Mr. Mason of Ward 17 moved to lay on the 
table. 

Mr. Barry of Ward 22—1 hope the gentleman 
will give us some reasons why it should be laid on 
the table. It is equivalent to killing the order. 

Mr. Nason — I have no particular reason. 

Mr. Wolcott— I hope the Council will fully un- 
derstand this question. In the report from the 
committee whicn advocated this cnaoge last year 
they gave the fact that, in less than three-fourtns 
of the year, the Aldermen granted 780 victuallers' 
licenses and 55 icnholders' licenses — at the rate of 
over 1100 licenses a year. To this was to be added 
those licenses, whicn have been considerable in 
number, which were refused, showing that the 
Aldermen had to look into 1200 cases, and 
judge intelligently and give their decision upon 
them in one year. Not only is this the fact, but 
it is also a fact that all or nearly all the 
parties who obtain victuallers' or innholders' 
licenses will afterwaid anply for a liquor 
license, which, by law, comes directly into 
the hands of the Police Commissioners. 
Therefore, with this power letained in the 
hands of the Aldeimen, every applicant must 
apply to one tribunal, and have his case in- 
vestigated, and His api)lication granted or re- 
fused, and, if granted, then he must apply to 
another tribunal to have bis case iovestiaated 
and passed upon again. In the report the com- 
mittee say that this is a great loss of time and 
cost of expense to the applicants. The report 
stated that it is a great economy of time both to 
the applicants and members of the Board of 
Aldermen that the applicants should apply to the 
Board of the Police Commissioners, whose decision 
has to be made on similar applications. It 
was little opposed at that time, having passed 
through the Board of Aldermen with a mild ob- 
jection to it, but not much was said upon it, and 
the vote was overwhelming in favor ot the pro- 
posed change. After a decision of that sort, which 
commends itself to our reason, it seems to be 
of advantage to both the applicants and the mem- 
bers ot the Board of Aldermen, and I hope this 
Council will not put itself in a position of oppos- 
ing the action which was taken last year so 
unanimously. 

Mr. McGaragle of Ward 8— A part of the state- 
ment of the gentleman who has just taken his 
seat may be true, and i3art of it not. I opposed 
it bitterly last year, and I don't know where the 
unanimous vote was. The law was passed to 
throw additional safeguards around the prohibi- 
tion against selling intoxicating liquors, and they 
require every person receiving a license to sell 
liquor to first obtain a liquorer's license from 
the Board of Aldermen. I have no inter- 
est in this business; I am not in it and 
don't care anything about it, although 
'I take a drink when they ask me. Therefore I 
can speak aisinterestedly on the subject. I don't 
know as there is any use in passing this order, 
because there is no question in my mind that it 
will not go beyond this chamb»r, for I don't 
think the other branch will concur. It does not 
take up the time of tne Aldermen to issue licen- 
ses, except simply to make a report. There is a 



special detail ot police to look up the applica- 
tions, and on their report the license is granted 
or refused. lam not very anxious either way 
about this, and I have no special interest in it. 

Mr. Christal of Ward 8— It seems to me that the 
gentleman from Ward 11 sympathizes with the du- 
ties of the Board o*^^ Aldermen. He does not have 
any sympathy for the overworked Police Commis- 
sioners, who have as much as they can do, and 
who do not seem to perform their duties at all to 
the satisfaction f the people. We have evidence 
every day that they do not seem to be acting 
towards our citizens. We seem to be taking power 
from the people by having commissions, and by 
and by we shall not be able to do anything with- 
out a commission. 

Mr. Wolcott — I desire to say, in reply to the 
gentleman who just took his seat, who stated 
that the Police Commissioners are not doing 
their duty properly— He brings forward no tacts 
in regard to that, and I will not reply to it. In 
reply to what be says about the Hoard of Alder- 
men, I will state that tbey are composed of men 
who give their time freely to the city. The other 
body is composed of salaried men, and I am in 
favor of having them earn their money. 

Mr. Christal— If the gentleman had read the 
papers he would see whether the commissioners 
had attended to tbeir duty properly. 

On motion of Mr. Mullane, the yeas and nays 
were ordered. The order was rejected — yeas 25, 
nays 35. 

Yeas— Messrs. Barry, Brawley, Bunten, Christal, 
Costello, Devine, Devlin, C. F. Doherty, J. J. 
Doherty, FUrlong, Hart, Hayes, Kendricken, Kid- 
ney, Maguire, McGahey, McGaragle, McLaughlin, 
Morgan, Mullane, Murphy, O'Brien, O'Dowd, Ros- 
nosky, Sweeney— 25. 

Nays— Messrs. Blakemore, Brown Cannon, Cav- 
anagh, Clapp, Coe, Colby, Dudley, Fisher, Green- 
ough, Healy, Hilton, Howard, Lauten, Locke, Lov- 
ering, Morrison, Mowry, Nason, Parkman, Per- 
kins, Plimpton, Pray, Rust. H. N. Sawyer, J. A. 
Sawyer, N. Sawyer, Shepaid, Sibley, Stearns, 
Sweetset, Switt, Ward, Wheeler, Wolcott— 35. 

Absent or not voting— Messrs. Anthony, Austin, 
Bowker, Brintnall, Denney, J. Doherty, Hancock, 
Kelley, Taylor, WooUey, Wyman — 11. 

CITY SUKVEYOB'S BEPOKT. 

The annual report ot Thomas W. Davis, City 
Surveyor, was received, and gave the amount ex- 
pended in 1878 as $33,996 37. The average number 
ot employes in the central office at City Hall was 
17, and in mU the offices 36; number Jan. 1, 1878, 
38: Jan. 1, 1879, 31; reduction, 7. The appropria- 
tions and expenses for a series of year* have been 
as follows: 

Appropriations Expenses 

Financial year. Municipal year. 

1874-75 $59,000 854,947.66 

1875-76 54,000 52,076 93 

1876-77 43,000 46,171.56 

1877-78 .'?6,176 38,066.78 

1878-79.... 33,000 33,996.37 

The total number of plans ic the department is 
14,200, not including 2975 lithographed plans. The 
average variation of the magnetic needle, tested 
during the year, was 11° 28' 56" west of north. 
Owing to imperfections in many of the instru- 
ments tested, the average, as taken each year, 
shows only an approximation to the true varia- 
tion. During the year the custom prevailed of 
calling upon the surveyor for the measurement 
of all material delivered to the Paving Depart- 
ment in carts, such as gravel, sand, etc., the ex- 
pense the past year having been 82130. which has 
been charj:ed to the Paving appropriation. If the 
Surveyor's appropriiition is to meet this item, an 
additional sum of $2000 will be required in 1879. 

Sent up. 

THE LAND DEVAETMENT. 

The annual report of Robert W. Hall, super:n- 
teudent of Public Lands for 1878, was prcnented. 
No lots were sold, although prices were agreed 
upon, near the close of the year, for two lots. 
Three lots embracing 6064 square feet were taken 
possession of. The receipts of the department 
were f4827.63; the expenditures, ,'ti;2607.90. The 
salable lauds in charge of the Committee on Pub- 
lic Lands are, in the city proper,406.842 feet; South- 
Boston, 587,434 feet; Bo-ton Highlands, 750,130; 
Dorchester, 1,680,621 (eet;Charlestowu, 49,540 feet; 
Brighton, about eighteen acres; West Roxbury, 
48,816 feet; Northampton-street district, 183,708. 
Upon the latter c:istrict are forty houses occupied 
by 130 families. The receipts from the rental of 
the houses were .$5400.25, and the outlays on ac- 
count of the same were !I?3531. 71, including $582 



47 



COMMON COUIVCIL 



paid tbe Water Board. The premises are said to 
be in better condition than they were last year, 
• and will require only a small outlay in 1879. 
Sent up. 

PETITIONS PKESENTBD. 

Petition of John Quinn to be paid tor injuries 
received trom the fire boat. 

By Mr. Brawley — Petitions of Martin Lynch, 
Rachel Bornsteiti and Mary Muny to be paid for 
damag:es sustained. 

Severally referred to the Committee on Claims. 
Sent up. 

CLAIMS. 

Mr. Brawley submitted a report of leave to with- 
draw from the Cominittee on Claims on petitioo 
of Bernard Lougherry to be compensated for per- 
sonal injuries. Accepted. Sebtup. 

COURT HOUSE. 

Mr. Morgan of "Ward 15' offered the following: 

Ordered, That his Honor the Mayor be re- 
quested to petition the Legislature for tbe passage 
of an act to amend chapter 306 of the acts of 
1867, so that the power to take land for a court 
House and yard maybe vested in the City Council 
and Mayor, instead of the Board of Aldermen 
alone, and to repeal chapter 266 of the acts of 
1852. 

Mr. Morgan— I don't offer this order to manifest 
any factious opposition to the authority or power 
granted to the Board of Aldermen by the statute, 
but I think in a question involving an expendi- 
ture of perhaps one or two millions of dollars that 
this branch of the City Government has as much 
the interest and welfare and prosperity of the city 
at heart as the upper branch. It we have to 
appropriate money tor purposes of this kind, I 
think we ougbt also to have something to 
say in regard to purchasing the site tor the Court 
House. Taking the Mayor's inaugural address on 
this subject as a guide tor our action I would be 
willing to say that I am not as yet tn favor of 
building a new Court House, but I think this sub- 
ject should be carefully weighed by every 
aiember present, and when we shall act I 
think the Council should have the same 
authority in the matter as the Board of 
Aldermen. They have wrestled with the matter 
eleven years ancf come to no satisfactory result. 
It may come to the appointment of commissioners 
by the State to attend to this matter, and as we 
are nearer to the people than the Board of Alder- 
men, we should take some action in it. As the 
time expires on February 5 for rhe introduction 
ot new business, I hope that the ordei will be 
passed to»ii2ht, otherwise I should be glad to have 
it assigned and fully discussed. 

Mr, Wolcott — There may be time to discuss this 
matter, and I would tdove its reference to the 
proper committee. It seems to me that as the 
Board of Aldermen are the County Commission- 
ers and the Court House is a county building, 
there is a certain propriety in their having the re- 
sponsibility of it. It is a matter deserving of 
proper consideration, and therefore I move its ref- 
erence to the proper ii^iumittee. 

The President — The misfortune of the Council 
is that they have no proper committee. Will the 
gentleman name a committee? 

On motion of Mr. Wolcott, the order was re- 
ferred to the Joint Standing Committee on Ordi- 
nances. Sent up. 

TWENTY-SECOND OF FEBEUAEY. 

Mr. McGraragle ot Ward 8 offered an order, That 
his Honor the 'Mayor be requested to cause flags 
to be displayed and bells to be ruag in different 
parts of the city on the twenty-second of Febru- 
ary next, in commemoration of the anniversary 
of the birth of George Washington ; the expense 
attending the same to be charged to the appropri- 
ation for Incidental Expenses. 

The order was passed to a second reading and 
laid over. 

PUBLIC INSTITUTIONS. 

Mr. Brawley of Ward 19 offered the following: 
Ordered, That his Honor the Mayor be request- 
ed to petition the Legislature for the passage of 
an act to amend section 11, chapter 178, of the 
General Statures, by inserting after the word 
"Boston," in the second line, the following: "sub- 
ject to the direciioa of the Boaid of Aldermen of 
said city"; and also by providing that the Di- 
rectors for Pui'lic Institutions of Boston shall, 
whenever required by the Inspectors of Prisons 
and Houses of Detention in the County of Suf- 
folk, exhibit all books, precepts, docviments, ac- 
counts and papers relating to the concerns of the 



institutions under their charge, or to the deten- 
tion, contlnemenc or employment of any person 
therein, and furnish any information in their pos- 
session respecting the same that may be required 
by said inspectors. 

Mr. Brawley — This was an order submitted by 
the Committee on Ordinances in 1875, and through 
some unnecessary delays it did not get to the 
Legislature in time, or was neglected. The com- 
mittee then reported as follows: 

" The Committee on Ordinances, to whom was 
referred the order to petition the Legislature for 
certain amendments to the statutes relating to 
public institutions, having considered the sub- 
ject, would respectfully recommend the passage 
of the order in a new draft." 

After considerable debate the order was modi- 
fled in the committee, and it i? now put in to 
turth' r the matter. 

On motion ol Mr. Rosnosky the order was re- 
ferred to the Committee on Legislative Matters. 
Sent up. 

THE PAEADE GROUND. 

Mr. Bunten of Ward 6 offered an order— That 
the Committee on Common and Public Grounds 
be requested to consider the report on the expe- 
diency of removing the lamp posts and other ob- 
structions from the parade ground, and placing 
the same in a suitable condition for base ball or 
sports of a like nature. Read twice, and passed. 
Sent up. 

PUBLIC LANDS. 

Mr. Nason of Ward 17 offered an order— That all 
unsettled claims or other untini-hed business re- 
lating to the Church-street, Suffolk-street or 
Northampton -street districts be referred to the 
Committee on Public Lands with the same powers 
thereto that the committee now have in other 
matters. Read twice and passed. Sent up. 

DOECHESTEE TOWN EECOEDS. 

Mr. Healy »t Ward 10 offered an order — That 
the Record Commissioners be authorized to have 
transcribed and indexed the laud records of the 
town of Dorchester, and to have the same printed 
and distributed in the same manner as their pre- 
vious reports, at an expense not exceeding $1000, 
to be charged to the appropriation for Printing. 
Referred on motion ot Mr. Healy to the Commit- 
tee on Printing. Sent up. 

WARDROOM FOE WARD TWENTY. 

Mr. Kendricken of Ward 20 offered an order. 
That the first floor of the building on Dudley 
street, Highlands, lately occupied by Hook and 
Ladder Company No. 4, be, until otherwise or- 
dered, set aside, as a wardroom for Ward 20. 

Mr. Kendricken stated that the present ward- 
room was entirely two small, and this room was 
suitable for the purpose, and the object of intro- 
ducing the order was to prevent the school from 
occupying both floors of the building. It was a 
good opportunity to secure a wardroom. 

On motion of Mr. Barry of Ward 22 the order 
was lefeneii to the Joint Committee on Public 
Buildings. Senc up. 

BOARD OF PUBLIC WORKS. 

Mr. Coe of Ward 23 offered the following— 
R Ordered, That his Honor the Mayor be request- 
ed to petition the General Court, at its present 
session, for an ace authorizing the City Council 
to establish a Board or Public Works, consisting 

of members, who shall be appointed by the 

Mayor, with the approval of the City Council, 
and to vest in said board all the powers and du- 
ties now exercised by the City Council, or either 
branch thereof, or any department of the City 
Government, in relation to the control and man- 
agement of the following - named departments 
and public works: The laying out, widening, al- 
tering, extending, discontinuing and relocating 
of the streets and ways of the city, and assessing 
the damages and betterments therefor, and the 
paving, making sand grading of said streets and 
ways. The locating, building and repairing of 
sewers and drains (including the construction of 
tbe improved system of sewerage) and assessing 
therefor. The care and management ot the Co- 
chituate and Mystic Water works. Che purchas- 
ing, placing and lighting of the public lamps. 
The building, repairing and managing of the 
bridges. 

Referred, on motion of Mr. Coe, to the Joint 
Special Committee on City Charter and Commis- 
sioners. Sent up. 

Adjourned, on motion of Mr. Brawley of 
Ward 19. 



BOARD OF aLDERjVLEISI. 



48 



CITY OF BOSTON. 

Proceedings of the Board of Aldermen, 

JANUARY Q7, 1879. 



Reeular meeting at 7% o'clock P. M., Alderman 
O'Brien, Chairman, presiding. 

EXECUTIVE APPOINTMENT. 

Public Weigher— James McConnell. Confirmed. 

PETITIONS EBFEBRED. 

'Fo the Committee on Lamps. Gauster Auto- 
matic Lighting and Extinguishing Company, for 
a trial ot their apparatus on the lamps ot the 
city. 

To the Commitiee on County Accounts. Will- 
iam I. Bowditch et at., that the records of exist' 
ing attachments on real estate in Suffolk Registry 
of Deeds oe transcribed. 

To the Joint Committee on Survey and Ln pe:- 
Hon of Buildings. J. A. Wellington & Co., for 
leave to erect a wooden building on Wesson & 
Gary's wharf, Ward 3. 

To the Coinmittee on Health on the part of the 
Hoard. Petitions for leave to occupy stables — 
By James Henoessey, old wooden building, one 
horse, on Second street, near K street; Otis Dru- 
ry, new wooden, one horse, 37 Tudor srreet. 

To the Committee on Licenses. Ro-binson & 
Emerton, for leave to run a passenger wagon from 
Haymarket sc[uare Through certain streets to 
Rowe's and Litchfield's wharves and return. 

To the Joint Comm.Utee on Claims. Adelia 
Lombard, to be paid for injuries received by a 
fall on Kennard avenue on Jan. 18, 1879. 

Thomas W. Dempster, for a hearing in regard 
to compensation for injuries received on Sbaw- 
mut avenue. 

To the Committee on Paving. Asa P. Potter, 
for edgestones and brick sidewalk at the corner 
of Newbury and Fairfield streets; J. Doherty & 
Sods, lor leave to erect a bill board against the 
fence at corner of Tremont, Ferdinand and 
Ccanriler streets. 

To the Committee on Survey and Inspection of 
Buildings on the part of the Board. Valentine 
Simmons, Jr., for leave to project a druggist's 
mortar at the corner ot Tremont and School 
streets. 

To the Committee on Armories. Companv L, 
Sixth Infantry, for furniture tor their armory at 
corner of North Russell and Cambri'^ge streets. 

To the Committee on Commissions and City 
Charter. W. J. Dale, M. D., and 216 regular phy- 
sicians of the city, in favor ot placing the City 
Registrar's DepHrtment in charge of the Board of 
Health; also a petition from Lewis Jones & Son, 
e« ««., undertakers, that the City Registrar's De- 
partment be placed in charge ot the Board of 
Health. 

• To the Committee on Streets on tne part of the 
Board. Massachusetts Charitable Mechanic As- 
sociation and others, tor extension ot the time to 
March 1 for the removal of the building In Eliot 
street acd Park square ; remonstrance ot S. Cabot, 
James C. White and others, residents iu the vicin- 
ity ot the Mechanic Association building, in oppo- 
sition to the petition ol Alfred A. Marcus. 

To the Joint Special Comm,ittee to dominate 
Superintendents of Bridges. Timothy F. Hayes, 
to be superintendent ot Charles River Bridge. 

PETITION EOR STEAM ENGINE. 

A petition was received from G. W. & F. Smith, 
for leave to locate and use a steam engine and 
boiler on Furnace street; and an order was 
passed tor a hearing thereon, on Monday, Feb. 17. 

A petition was received from Cobb, Bates & 
Yerxa tor leave to use a stationary steam engine 
at 692 Washington street, and an order was passed 
for a hearing thereon on Monday, Feb. 17. 

BONDS APPKOVED. 

The bonds of Arthur F. Anderson and Joshua 
Brothers, constables, being presented duly certi- 
fied, were approved by the Board. 

JAIL EXPENSES. 

A requisition was received from the iSherifE of 
Suffolk County for $1951.12, for expenses at the 
jail for January. 

Approved and ordered paid. , 

PAPERS FROM THE COMMON COUNCIL. 

Petitions were referred in concurrence. 



An order for the Mayor to petition the Legisla- 
ture for an act to vest the power to take land tor 
a Court House site, in the City Council, instead of 
the Board of Aldermen, and to repeal chap. 266 of 
acts of 1852, came up, referred to the Committee 
on Ordinances. 

Alderman Slade— It seems to me it is not best 
for us to trouble our Committee on Ordinances 
with that order. I don't believe in it, and can't 
see any necessity for troubling the Committee on 
Ordinances with it, anu I move its indefinite post- 
ponement. 

The order was indefinitely postponed in non- 
concurrence. 

Order to refer all unsettled matters on the 
Church-street, Suffolk-street and Northampton- 
street districts to the Committee on Public Lands, 
Passed in concurrence. 

Order for Committee on Common, etc., to con- 
sider the expeaiency of removing the lamp posts 
on the Parade Ground, and ot allowing games of 
base ball and other sports to be played there. 
Passed in concurrence. 

Order proposing the printing of the old records 
of the town of Dorchester. Referred to the Com- 
mittee on Printing in concurrence. 

Order to establish the wardroom ot Ward 20 in 
the old nouse of Hook and Ladder Company 4 on 
Dudley street. Referred to the Committee on 
Public Buildings in concurrence. 

Annual report of the City Surveyor. (City Doc. 
9.) Placed on tile. 

Report (leave to withdraw) on petition of Ber- 
nard Loughery to be compensated for personal 
injuries received while in the employ of the city. 
Accepted in concurrence. 

Order for Committee on the Fire Department to 
consider the expediency of restoring the custom 
of ringing the bells at stated hours. Passed in 
concurrence. 

PUBLIC INSTITUTIONS. 

A certificate came down of the election of Ed- 
win Sibley as Director for Public Institutions, in 
place of John Taylor, elected by this Board. A 
ballot was ordered. Committee — Aldermen Tuc- 
ker, Bell. 

■Whole number of votes 11 

Necessary for a choice 6 

John Taylor 8 

Edwin Sibley , 3 

Mr. Taylor was elected in non-concurrence. 
Sent down. 

An order for the Mayor to petition the Legis- 
lature for an act to amend section 11, chap. 178, 
General Statutes, by inserting after the word 
"Boston" in the second line, "subject to the 
direction of tbe Board of Aldermen of said city" 
—and also requiring the .Board of Directors for 
Public Institutions to exhibit any or all books, 
papers, accounts, etc., to the Inspectors of Pris- 
ons, came up referred to the "Committee on 
Legislative Affairs. 

Alderman Viles— I fail to see the propriety of 
that order. I hardly know what it means. In re- 
gard to the last part, tiiat the books shall be open 
at all times to the Inspectors of Prisons when 
they make inquiries, the books are open at all 
times to the members of the Board of Aldermen, 
and any member of the City Council can go at 
any time and examine the books and receive any 
information he desires. I hardly know what the 
first part means, and unless some member ot the 
Board can explain it I shall move its indefinite 
postponement. 

Alderman Kelly— Would the geutfeman accept 
an amendment and be willing Jo let it lie upon 
the table for a week, and then we may be able to 
find out what it means? 

Alderman Viles— 1 have no objection. 

The order was laid upon the table. 

BOARD OF PUBLIC WORKS. 

All order for Mayor to petition for authority to 
establish a Board of Public Works, comprising 
the charge of the Street, the Paving, tbe Sewer, 
the Lamp, the Bridge and the Water departments, 
came up referred to the Committee on the City 
Charter, etc. 

The question was upon concurring in the refer- 
ence ot the order to the Joint Special Committee 
on Commissions and theiCity Charter, 

Alderman, Slade — It we could acneud that and 
abolish the Board of Aldermen, I don't know but 
the thing would be complete, for that is the last 
work that the Board of Aldermen have to attend 
to. For my part, I don't believe in it at all. I 
think we have commissions enough, and 1 think 
the Board of Aldermen ought to do the work left. 



49 



BOAJRD OF AL13ERMEJS! 



for them to do, and not put all this work out of 
the bauds of the City Council into commissions. 
I don't think it is wise for us to ao it, and I think 
we shall make a mistake if we do it. It seems to 
me we are giving the Legislature considerable 
work tor us to do if we go on in this sort of a 
way, and I don't know of any better way to ex- 
press myself than to make a motion to indefinite- 
ly postpone this order. 1 hope the Board of Alder- 
men are not going to do this foolish thing. 

Alderman stebbins— It will be remembered that 
his Honor the Mayor in his annual address re- 
ferred to some new legislation iq regard to com- 
missions, suggestmg that possibly some could be 
abolished anu others appointed to take their 
places, and perhaps two or three commissions 
combined in one. Now it does seem to me that 
this order, which is still broader and coveis more 
ground than his Honor the Mayor did, had better 
go to the committee and let them consider the 
whole questiou as to what shall be done, either in 
the way of abolishing present commissions or 
providing new ones. The inquiry can do no 
harm, and it is possible some ioforination can be 
secured whicu will be beneficial to the City Coun- 
cil. I think I can speak for the Chairman of the 
Board, who is the chairman of the committee, 
and the other member of the committee on the 
part of this Board, that the committee will fairly 
consider the order when it comes to them. 

Alderman Sl^de— I wont object to its going to 
that committee. 

The order was referred to the Special Committee 
on Commissions and City Charier in concurrence. 

EAST BOSTON FERRIES. 

An ameuded order came up for Mayor to peti- 
tion the Legislature lor an act to allow the Board 
of Aldermen to levy and collect tolls on the East 
Boston ferries or to make them free; said act to 
be conditional on its acceptance by the legal 
voters of this city. 

The question was upon the passage of the order 
in concurrence as amended. 

Aldermau Kelly— I wish to move the following 
amendment: 

Strike out the words "legal voters," and insert 
in place thereof the words ''City Council"; and 
also strike out ail after the word "approval," and 
the order will then read "which act shall first 
provide for its submission to the City Council of 
the city of Boston for its ratification and ap- 
proval." 

Alderman Kelly— Mr. Chairman, this is a sub- 
ject upon which there has been so much before 
the City Council that it is with a great deal 
of difladeoce that I approach it — although 
not very diffident usually to approach it my- 
self ; besides that, 1 am not feeling as well 
as 1 should like to in order to express my- 
self upon this amendment. I want to say, in 
the first place, that on any subject which inter- 
ests the people of the entire city, I never will be 
the one to stand back and say I am not willing to 
submit my case to the people. If it cannot stand 
their approval, then, sir, I will let it go down 
But this is not a case at all that interests all the 
people of Boston I admit that it does indirectly, 
but directly it does not. Now, sir, it is well 
known, and I will go back for some time, with 
the permission of the Chairman and members of 
the Board, and my memory carries me back to 
the time when there was n't a free avenue lead- 
ing out of the city of Boston. 1 remember when 
tolls were collected on the bridge to South Bos- 
ton. I think that tolls were abolished on the 
bridge to South Boston in 1831, some two or three 
years after I came to Boston to reside. The tolls 
to Charlestown, Cambridge, West Cambridge and 
to Brighton, and in every direction, were former- 
ly charged, and tolls have been placed upon every 
avenue leading out of the city proper and into 
the city. The first step toward taking off tolls 
leading into the city of Boston was in 1831. I re- 
member myself perfectly well when tolls were 
charged. It is going back a great many years, 
but I remember it. Now, sir, it is said we are dif- 
ferently situated from the people of Charlestown 
and other parts of the city, and that we knew the 
ferries were there when we went over there. It 
is very true, and there is no denying it. I live 
in East Boston, and I went there when there were 
but four thousand people in that part of the city, 
and I remember when there was but one house on 
the island; and my memory goes back very well 
to the time when the old steamer Tom Thumb 
used to carry us across to East Boston for six 
cents. But it has always been a part of Boston, 



and when there were tolls on the bridges to the 
other sections of the city, they were compelled to 
pay them; but those tolls over the bridges have 
since been abolished, while we in East Boston 
have always had to struggle along with the incon- 
venience and expense of the ferries. I remember 
that in the beginning of my business there our 
accommodations were poor. The Eastern Railroad 
owned a majority of the stock of the ferry, and 
we had to contend against it. The people went to 
the Legislature for a charter for a ferry, and after 
it was obtained it was put into the hands of the 
Eastern Railroad; though we eventually succeeded 
in getting a new charter for the ferry, and iu that 
investment 1 lost all I had in it. So 1 say that from 
year to year East Boston has been compelled to 
Struggle against disadvantages which other parts 
of Boston have not had to contend against. With- 
in my memory the business of East Boston has 
been very extensive in ship building, which 
helped to enhance the property of East Boston 
and increase the population. I can remember 
when it was nothing to build thirty or forty 
thousand tonnage of shipping a year. But it 
has been changed from day to day, nntil now 
things are so oiffereui in the commerce of Boston, 
that we have but two ships on the stocks there, 
and no customers for them, nor are we likely to 
have Therefore, East Boston, instead of being 
a large ship-building place, must and has to a 
great extent become a place for homes and resi- 
dences for people who cannot afford to live near 
City Hall. Now, sir, you have provided fur free 
schools. You have provided free ferriage for all 
who go to the high school in the city proper^ 
How much more like charity would It have been 
to provide that men, women and children, who 
have to go out at six o'clock in the morning, and 
who have to pay two cents unless they 
can get money enough to buy a package, 
should be allowed to cross the ferries 
free. It would be more like charity to 
make the ferries free in that direction than to do 
it tor those who can afford to send their children 
to the high school. Every year for many years 
you have had something to do with free ferries, 
and I suppose you are all tired of it. But I wish 
to draw your attention to some facts In relation 
to the subject. Some six years ago an order was 
passed through this Board of Aldermen to free 
the ferries, and i think every Alderman voted tor 
that bill. It went to the Council, and was lost by 
one vote. So the matter passed. I admit that 
tte city ot Boston has provided fair accommoda- 
tion, with the aid ot enterprising citizens of East 
Boston. We do not complain of that. I think we 
have as good ferries today as there are in tue 
United States. But at the same time we 
believe we have to pay an extraordina- 
ry tax, which operates against the Indus- 
try and enterprise of our place. A short 
time ago a factory was burned down, and an en- 
terprising man in East Boston wanted the manu- 
facturer to come and occupy a building in East 
Boston, and he said "No, we cannot go to East" 
Boston; the tolls would kill us." When 1 was in 
the City Government before, East Boston and 
South Boston had the same number ol inhabi- 
tants. Today, South Boston has sixty thousand 
inhabitants; and with all her advantages ot enter- 
prise and commerce. East Boston stands with 
only thirty thousand Inhabitants. That is the 
difference between the effect of free bridges and 
lerries with tolls. Last year, when the people 
came in and asked for free ferries, it was referred 
to the Standing Committee on Ferries. 1 shall 
not trouble the Aldermen a great while, but I 
want to give you a little history of that petition 
[Reading] : 

"A classification of the petitioners shows that 
the several business interests of ide city are rep- 
resented as follows: Merchants, 257; commission 
merchants, 81; boot, shoe and rubber dealers, 
119; hide and leather dealers, 67; bankers and 
brokers, 48, including nearly all the national 
banks of Boston; dry-goods merchants, 43; fruit, 
produce and provision dealers, 61; flour and 
grain merchants, 22; iron, steel and hardware 
dealers, 38; wholesale grocers, 43; railroad and 
transportation comijanies,29; express companies, 
274; steamship companies, 13; ship brokers and 
chandlers, 25; wine merchants, 82; drugi, paints 
and oil dealers, 47; clothing and furnishing goods, 
93; marketmen, 65; fish dealers, 25; builders and 
contractors, 149; teamsters, 24. The petitions 
represent a capital of nearly $100,000,000. Among 
the petitioners will be found the names of many 
of the principal merchants of the city proper, to- 



JANUARY, a?. ie-79 



50 



gether with those of 250 business raeu ol South 
Boston, 269 business men of Charlestown, 209 citi- 
zens of Boston pi oper, and 5283 residents of East 
Boston. If we take into consideration the as- 
sessed valuation of the petitioners, it will be 
found that but a small proportion of the capi- 
tal represented upon the petitions is held by resi- 
dents of East Boston, and, when we consider the 
heavy interests which the remaining petitioners 
have in our municipal finances,, we are justified 
in assuming that they would not favor a measure 
calculated to increase taxation, unless it were for 
the public benefit." 

The Committee on Ferries reported unanimous- 
ly in favor of abolishing the tolls, and, wonderlul 
thing again, the order passed I he Board of Alder- 
men by a unanimous vote. There was no question 
then about submitting it to the people at all. It 
was a question whether the ferries should be free 
or not, a matter which we do not ask today. It 
then went to the other branch, and was passed by 
a large majority. Mayor Prince signed the bill 
after a great deal of pressure Upon him not to do 
so. I want you to note, Mr. Chairman, that up to 
this time- with petitions presented to the City 
Council day after day, which lay in the commit- 
tee's hands month alter mouth— not one solitary 
remonstrance was presentea; not a single article 
had been publishea in the newspapers against a 
measure which was to place this additional bur- 
den or tax upon the people of Boston. But, sir, 
at the same time that it passed through 
the Common Council, and on the same night, 
the bill for the Back Bay Park was 
also passed. You had the votei of the peo- 
ple on that question and in favor of that 
measure. But after the parK bill had been 
signed, then the head men in favor of the park 
said that the freeing of the ferries must be 
defeated. You had had the vote of every man 
from East Boston in favor of this paik scheme, 
and tor the improvement of the sewerage of the 
West End of Boston; and they did not refrain 
from casting their votes for tnat which directly in- 
terested other sections of the city and did not direct- 
ly interest them. Tben came thepressure against 
the freeing of the ferries. Money was raised by 
subscription papers amongst the bankers and 
others to prevent this "outrageous" measure. It 
was neaded off here, however, and finally the 
Supreme Court was sought for redress. What 
the decision of the Supreme Court was is familiar 
to>ou. colli lary to the opinion of Judge Hoar 
and Judge Paine and many other men whose 
minds are equal to those of the Supreme Court, 
they decided that the ferries could not toe 
made free, and I suppose that as that is the law, 
their decisionmustbe right. They decided that the 
city of Boston having once decided to make the 
retry a toll, the opportunity had been lost to 
make the change and consequently the city could 
not take the tolls off, and that we must continue 
with the tolls on the ferries. Now, sir, we come 
here and ask you to do this— not to do it this year, 
because I know the city of Boston has been spend- 
ing too much money in every direction, though it 
has not been spent in East Boston, and I think 
some has been spent over there very foolishly, 
and if the money is to be spent It is used west and 
south of us and not north and east of the City 
Hall, and now we come to the Board of Aldermen 
and all we ask in this is to place in the hands of 
the Board of Aldermen, who are the County Com- 
missioners, the power that when in their judg- 
ment they believe the city can afford to relieve us 
of a portion of the tolls, they can do so, and in 
the course of time to be relieved of the 
whole of the burden, the same as other 
sections have been relieved of tolls on 
the bridges— which we believe should have been 
done years ago for East Boston. The City Solici- 
tor says tnat you cannot reduce the tolls to a sum 
below the interest on the cost of maintaining the 
ferries and the interest upon the money paid for 
the franchise. IJut I want you to distinctly un- 
derstand, Mr. Chairman, that it is not only the 
cost of the boats and houses and machinery which 
we have to pay tolls upon, and also the cost of 
maintaining the boats and operating the ferries : 
but ii is also the cost of the public streets and 
avenues leading to those ferries which the Ferry 
Department has been wrongfully compelled to 
pay year after year. We believe that the cost of 
the public streets leading to the ferries, and the 
care and lighting of them, should be paid for 
from the appropriation for streets. The argu- 
ment brought up in the other board was this: One 
gentleman" says, When you will convey me to the 



Highlands free of cost, then I am willing to vote 
yoit free Jerries. Well, now, Mr. Chairman, 
i might as well reply to the wind as 
to attempt to answer an argument like 
that. The gentleman might as well 
have asked for a tree ticket to Australia. We 
have to pay our fare in Jhe cars also. Another 
man says, I don't see any reason for complaint 
East Boston has to make; if they had a bridge 
they would have to walk, while now they can be 
carried across and have excellent accommoda- 
tions for two cents, while I have to walk across a 
briage where I go. We would like to ride or walk 
across a bridge. 1 wish to say here that the citi- 
zene of East Boston would like to have that privi- 
lege. They paid a great deal of money, and after 
a great deal of hard woik they procured a charter 
tor a bridge, and there would have been found 
enterprising people enough to build it, and the 
city would eventually have seen the necessity of 
taking it. Bur the people at the northern part of 
the city said, You are injuring our property; and 
they went to work with the Navy Department, 
that perhaps has five or six ships pass there every 
year, and they got a protest from the United 
States authorities against the building of abridge 
to East Boston. We cannot have a bridge, and a 
fen vis the only thing we can have, and that being 
the case, we wish to be put upon an equality with 
every other section of the city. Now, Mr. Chair- 
man, submitting this to the people is like this— we 
have no money to spend. The people of East Bos- 
ton, like most other parts of the city, are depend- 
ent upon the labor of mechanics, and they have 
no miney to spend for such a purpose. You 
know, and every man knows here, that when you 
tell m« to submit it to thepeoijle.it means putting 
a loaf of bread within half an inch of a famished 
man's mouth and holding it there that he may 
starve at the sight of it. It is well known that a 
few thousand dollars, put into the papers and ex- 
pended elsewhere, will defeat any measure in fa- 
vor of East Boston, no matter how high the 
ground may be. People living in the remote parts 
of the city cannot feel as we do in regard to it, 
and therefore it is easy to get it defeated. No, 
sir; you were not willing to put the park or the 
Police Commission to the people. That you sought 
to have kept from the people. It interested me 
and every man in this city, whether in Roxbury 
or Brighton, or any other part of the city. You 
did not submit that to tbe people. There was no 
objection to that going through. I believe that 
had it been put to the people it would have been 
defeated, as it ought to have been. But this is a 
question that directly interests one part ol the 
city alone, and indirectly the whole of the city. 
No, sir; I want this to pass with an amendmeet 
that it shall be approved by the City Council. We 
don't expect you tc provide us with free ferries 
this year. We don't expect it, though we believe 
we are entitled to it. I would not ask you to ap- 
propriate the money to take one hundred and 
sixty thousand dollars out of the income which 
we so much need. I would rather spend a jear 
or two longer with the tolls on the ferries, 
and in the tar future realize what has been 
held out to us so long, which we have hoped 
for and which has seemed so near to us, but which 
money has dashed to tbe ground, because we pre 
poor and impoverished. Had we the wealih 
there is on this side of the ferries, they would 
have been tree long ago, for we would have had 
the opportunity and the means to defend our- 
selves. The aujendment is that the Legislature 
may place in the hands of the Board of Aldermen, 
who are the County Commissioners, the right to 
reduce our tolls Irom year to year, and finally, if 
they see fit or proper, to take them off altogether. 
But before that act can become a law, the City 
Council has got, to accept it. I most earubstly 
hope that it the gentlemen have one spark of 
sympathy for a part of this city which has snf'- 
fered by the tolls upon these ferries— because 
there was a time when a ship was a ship, and 
when East Boston was an honor to the city — and 
if you have that feeling, that you will vote for 
this amendment. 

Alderman Stebbins in the chair. 

.■Vlderman O'Brien — 1 dislike to leave the chair 
and detain the members of the Board with any 
remarks, unless as chairman of some committee I 
have a report to make and defend. But in this 
question of the East Boston ferries I have taken 
a great deal of interest for many years, and I dis- 
like to have an expression of the Board upon its 
merits without saying something in its favor. As 
the order comes down to us from the other branch 



51 



BOAnU OF ALDERMEN, 



I must say I do not like the spirit that dictated 
the amendment. It was a purely sectional spirit 
that dictated the ameudment, and I expect a dif- 
ferent decision from this Board of Aldermen. Our 
city charter has wisely conferred upon the Board 
of Aldermen the honor and dignity of represent- 
ing the entire city. I don't agree with the Alder- 
men who spoke at our previous meeting in rela- 
tion to aldermanic districts, and who said that 
Charlestowu had no representation at this Board. 
I say that Charlestown is represented in this 
Board, and if the Aldermen at this Boaj'd do their 
duty they will represent the interests of Charles- 
town just as well as the interests of the city prop- 
er, or the Highlands, or any other section of the 
city. From lime immemorial we have heen called 
the city fathers, and I believe we are just as 
much a father to the citize"ns or Charlestown and 
Ease Boston as to any other section of the city. 
In the course of years a great many impediments 
have been thrown in the way of our commerce. 
I don't believe the people of Boston fully under- 
stand or realize this question. If they did they 
would n't hesitate a moment about spending a 
few thousanas, or even a few millions in relation 
to our terminal facilities. If they did understand 
the question, they would not hesitate a moment 
about spending a considerable amount of money 
to advance the interest of our commerce. And 
thty would not hesitate one moment about free- 
ing the East Boston ferries, because 1 believe that 
the continuation of the tolls upon the ferries is 
an obstruction in the way of our doing- 
our business and prevents the extension of 
our commercial relations. It is generHlly sup- 
posed that steamships do all the carrying trade of 
the country. Chis is not a fact, and let me just 
give you an idea of this business. In 1858 there 
arrived at Boston 371 ships and 658 barques, and 
in 1878 the arrivals at Boston were only 28 ships 
and 215 barques. The commerce of Baltimore 
and Philadelphia amounte'l to nothing twenty 
years ago; but just look at it now. Let me give 
you an idea of the commerce of Baltimore and 
Philadelphia in 1858, and compare it with ours. 
In 1878 the arrivals of ships at Philadelphia 
amounted to 171, against 28 at Boston. Tbe arri- 
vals of barques at Philadelphia amounted to 805, 
against 215 at Boston. Ba timore, which was 
Scarcely heard of except as a coastwise port, 
twenty years ago, had arrivals from foreign ports 
of 137 ships and 999 barques, against 28 sbips 
and 215 barques at the port of Boston. That 
is the way the trade of this city has 
been taken from us, and it has been 
wholly in consequence of narrow-minded 
legislation on our part, by building up sectional 
distinctions and differences, and obstructing im- 
provements that ought to have been made twenty 
years ago. Well, now, do the Aldermeu believe — 
and that is one reason why I am opposed to this 
amendment to submit this question to the people 
— that the Back Bay Park could have been estab- 
lished if it had been submitted to a vote of the 
people, and sectional prejudices had been aroused 
to put it down? It never could have been estab- 
lished; and I am sorry to see that in the Common 
Council the very men who oppose this ferry mat- 
ter are the very ones who are to enjoy the bless- 
ings which will come from the establishment of 
that park on the Back Bay. Take Commonwealth 
avenue — destined in the course of years to be the 
finest avenue in this country, with its park and 
roadbed. Do the Aldermen believe that Common- 
wealth avenue would ever have been established 
if It had been left to the voters of the city to do 
it? The same sectional prejudices would have 
been aroused to dereat it, and you could never have 
built it. I might go on and enumerate other im- 
provements in different sections of the city, which 
would never have been accomplished had they 
been submitted to the voters of the city. It is 
true of many improvements at the Highlands, in 
South Boston, and in other sections of the city. 
You cannot make an improvement in any one. 
section of the city if it is left to be voted upon by 
the voters ot the city, because sectional preju- 
dices and money and influenod would be brought 
to bear against it to vote it down. Now, I don't 
propose, Mr. Chairman, by my vote to discrimi- 
nate against East Boston. I say there has already 
been too much discrimination against that section 
of our city. I can see that in the course of years 
it will be one of the diadems of our harbor. There ' 
is more commerce at that point now than there is 
at all sections of the city, and no action of this 
Board of this City Council can keep it from in- 
creasing. It must go there. "We can throw as 



many impediments in its way as possible, but it 
must go there. I don't like the spirit that dic- 
tated the amendment adoptedin the other branch. 
I don't like the popular branch of the City Coun- 
cil to send us an order which appeals to sectional 
prejudices in our city. I hope the Aldermen will 
vote it down and indorse the amendment of the 
Alderman from East Boston. 

Alderman O'Brien in the chair. 

Alderman Slade— I don't know as there is any- 
body here to say a word in opposition to this 
measure, and therefore I don't know as it is neces- 
sary to say a word in its favor. I happened to be 
a member of the Board of Aldermen which voted 
on this subject two years ago, and it is well known 
how the vote of the Board was; and the principal 
reason I can give for their votin^lthat way was, as 
the Alderman from East Boston has before stated, 
that it came from the committee unanimously in- 
dorsed, and that not a single word had been said 
against it in the press and no remonstrances had 
been received from the people in opposition to it. 
And I know I never heard a single word uttered 
against it. We had before us — and I find it on my 
desk today— a petition signed by 7000 names, and 
the petiticn was printed and each member or the 
Board had a copy of it. In addition to that, 1 
think there was a petition from about 5000 per- 
sons. I think there were about 12,000 petitioners 
altogether. With all those facts staring us in the 
face, certainly no man could have the heart to 
raise an objection to it, If it should go to the 
people now, I don't believe there would be as 
many votes against it as there were petitioners 
tor it. 

Alderman Viles— I was a member or the Com- 
mittee on Ferries two years ago. We had this 
subject of free ferries before us and had it under 
consideration a long time. The committee were 
surprised that the proposition to free the ferries 
inet with no opposition. Finally, we advertised 
in the papers that we had it under consideration ; 
we held a meeting and not a person appeared ex- 
cept those who came to speak in its favor. The 
committee could report in no other way than they 
did. I shall vote for this measure. 

Alderman Stebbins— I don't know that I rise in 
opposition to the amendment of the gentleman 
from East Boston, thougti I should prefer to have 
it pass as it came from the other branch. But I 
wish to correct a statement made by the Alder- 
man. He stated that when it was found that the 
order was likely to be passed in 1877, money 
was used to bring about an adverse opinion from 
Mr. Healy. I don't think the Alderman intended 
to do any injustice to Mr. Healy. The fact is that 
the Mayor, as was his duty, submitted the ques- 
tion to the City Solicitor, whether it was within 
the power of the City Council to take action in a 
measure after it haci once been reviewed by them. 
We all know Mr. Healy's opinion in the matter, 
that the City Council had exhaus ed their powers 
under the act. In spite of Mr. Healy's opinion, 
the Mayor signed the order. It wascarriea to the 
Supreme Court, Mr. Healy's opinion was 
sustained, and that is the law which now 
governs us. The Alderman states that it 
would not have been possible to have carried 
through the nuolic park, unless by the system of 
log rolling which carried both the park and the 
free ferries through, and that if the park scheme 
had been submitted to the people it would have 
been defeated. Now, sir, the Alderman is a little 
wrong in this matter. It is a well-known fact 
that the act of the Legislature establishing the 
Park Commission and providing tor a system ot 
parks especially prescribed that it should be sub- 
mitted to the people before itshould take effect. 
It was to be accepted not by the City Council, but 
by the people. The Alderman must remember 
that it did not meet with very much favor in his 
locality. The vote was taken on the 9th day of 
June, 1875, at a special election held for that pur- 
pose, and resulted in the acceptance of what was 
known as the park act by a vote in the affirmative 
of 3706, and in the negative of 2311. So that 
the very principle which the Aldermen are 
opposing was contained in the park act, 
which provided expressly that before the 
city should enter upon this great expenditure, the 
people should have' an opportunity to pass their 
judgment upon it. I think it is always sale to 
appeal to the people rather than to the City Coun- 
cil. Their judgment is usually correct, whether 
in electing members of the City Council or in 
passing upon an act of this kind. I still think it 
would be the part of wisdom to submit this meas- 
ure to the people. I should say, from an East Bos. 



JANUARY 27. 1879. 



52 



ton standpoint, tbat it would be wise to allow 
this to pass as ic came from tlie other Board. 
"With all this amount ot wealth seeking to have 
the terries run without tolls, 1 think it is possible 
that it would receive the indorsement ot tbe peo- 
ple at an election held tor that purpose. Having; 
received that iodorsement, I think there would be 
less danger of change in any future action of the 
City Council. Perhaps it would be passed by a 
City Council elected f ')r the express purpose of 
forcing this measure rhrougb. I think it the part 
ot wisdom to follow the lead of the other branch 
and let his Honor the Mayor petition for an act 
to refer the whole matter to tbe people, precisely 
the same as the act establishing a system of pub- 
lic parks was before the City Council could take 
any action. 

Alderman Kelly— I rise to correct the gentle- 
man. I don't think the reporter has anything 
down in which I said the City Solicitor was 
bribed. 

Alderman Stebbins— I didn't intend to say so. 

Alderman Kelly— I know that money was used, 
but I don't believe that Mr. Healy was bribed. I 
believe he is an honest man in one sense of the 
word. 

Alderman Stebbins— I am glad to hear the Al- 
derman say that. 1 believe Mr. Healy is an hon- 
est man io every sense ot the word. 

Alderman Kelly — But Mr. Healy gave his opin- 
ion for this measure and against it. I believe he 
was bouest both times. I don't wish to bo under- 
stood as saying that Mr. Healy was bribed. I 
don't believe it. I believe that so far as money 
goes he is an honest, upright man. 1 should be 
the last man to speak of him in that respect. 
But 1 don't believe his opinion is much better 
than that of many others. Now, in regard to 
the plausibility of the proposition to submit 
this question to the people, which looks so nice on 
its face, but it is evident in the very statement of 
the Alderman himself, and that is, that out of 
fifty thousand voters in tbe city of Boston you 
had only five thousand on this park question. 
That is a great submission to the people. It is a 
matter that nine out of ten people care notning 
about. It is a sub.iect that interests only a part 
of the city directly, and the man who has the 
deepest pocket and the longest purse can carry 
his measure. "When you take up a subject that 
interests every man, woman and child in the city 
of Boston, and they feel an active interest in it, it 
don't take money to carry it out. But when you 
have a local matter, there is no interest felt iu it, 
and nobody will vote. The gentleman alludes to 
East Boston voting on the park. I don't remem- 
ber whether I voted or not. I can only say the 
votes of the members of the Council from East 
Boston were in favor of the park. When tbe peo- 
ple voted on the park they never expected lo have 
one. But I say, when this matter comes up this 
year, if you please you may take away our high 
school that Jyou have decorated us with, take 
away from us our police station and our library, 
take also the lights from our streets at nigbt, and 
also the filthy waller that we drink. But give us 
our bread, even it we have no butter- ana that is 
in our tree terries. That is substantially what 
it is. 

Alderman Stebbins— The vote of East Boston on 
the public park act was 261 in favor and 434 
against. 

Alderman Kelly — Exactly. 

The amendment offered by Alderman Kelly was 
declared carried. 

Alderman Stebbins called for the yeas and 
nays, and the amendment was adopted — yeas 9, 
nays 3: 

Yeas — Aldermen Bell, Breck, Flynn, Kelly, 
O'Brien, Pope, Slade, Tucker, Viles— 9. 

Nays — Alder;nen Hayden, Robinson, Stebbins 
—3. 

The order as amended was then passed. 

Subsequently Alderman Kelly moved a recon- 
sideration, hoping it would not prevail. Lost. 
Sent down. 

LICENSES. 

Alderman Flynn submitted reports from the 
Committee on Licenses, as follows: 

Victuallers' Licenses Granted— John Sullivan, 
126 Broadway, South Boston (removal from corner 
ot Washington and Castle streets); Maurice 
Lynch, 357 Leverett street; George E. Clarke, 
169 Liverpool street, East Boston; Morehead 
& Richardson, 20 Eliot street; John B. 
Donovan, 340 Federal street; Anton Bader, 
16 Boylston street; James Y. Bennis, 12 and 14 



Beach street; Charles A. Sears, 21 India wharf; 
John T. Clark, 12 Green street; R. D. Stimson, 70 
Cambridge street; John N. McCurdy, No. 1 Brim- 
mer place; Eugene McCarthy, 915 "Washington 
street; Henry Knnttell, 10 Merchants' row; F. A. 
Roberts, new Marlboro' Hotel, 736 and 738 Wash- 
ington street; Edward Reddinglon, 1214 Tremont 
street. 
Severally accepted. 

MINORS' REGULATIONS. 

Alderman Flynn offered an order establishing 
the rules and regulations for the sale of articles 
by minors, the rules being the same as were 
adopted last year. The order was read twice and 
passed. 

SUPPLIE? FOR SURVEYOR'S DEPARTMENT. 

Alderman Bell offered an order— That the City 
Surveyor be autborized, with the approval of the 
Joint Standing Committee on the Surveyor's De- 
partment, to make such purchases of supplies. 
Instruments, drawing materials, and to incur 
such other expenses, as may be necessary for that 
department during the present municipal year. 
Read twice and passed. Sent down. 

STABLES. 

Alderman Bell submitted reports from the Com- 
mittee on Health on the part of the Board, that 
leave be granted to occupy stables as follows: 

Michael Donnelly, on private way from Tenean 
Street; Gilbert Waitt on Lowland street; Augus- 
tine Sburtlett', on Monument street; Patrick 
Grace, on Union street, Ward 25; Boston Pro- 
tective Department, on Hamilton street, corner of 
Hamilton "alley. 

Severally accepted. 

MYSTIC VALLEY SEVSrBB. 

Alderman Robinson submitted the following: 

The Joint Standing Committee on Water re- 
spectfully represent that they are informed by the 
Boston Water Board, in order that said board 
may properly complete their duties in cotnection 
with the Construction of the Mystic Valley sewer, 
it is necessary that they be invested with the 
same powers as are given to the board by section 
10 of the ordinance in relation to water, which 
authorizes the selling and leasing ot land con- 
nected with the water works. The committee are 
of opinion tbat the necessary authority should be 
given to the Boston Water Board for the above 
purpose, and they therefore recommend the pas- 
sage of the accompanying ordnance: 
An Ordinance 
In relation to the Mystic Valley Sewer. 

Be it ordained, etc. 

Section 1. The Boston Water Board are hereby 
authorized to sell, lease, exchange or reconvey 
such of the property connected with the Mystic 
Valley Sewer, or any ot its branches, as cney may 
deem expedient, subject to the approval of the 
Mayor; and all necessary deeds and leases shall 
be executed by the Mayor and countersigned by 
the Chairman of tbe board. 

Read twice and passed. Sent down. 

REGISTRATION OF VOTERS. 

Alderman Stebbins, from the Committee on 
Legislative Matters, to whom was referred so 
much of the Mayor's address as relates to the regis- 
tration of voters in this city, submitted a report 
recommending the passage ot an order, Tbat his 
Honor the Mayor be requested to petition the 
General Court, at its present session, for such 
amendments to chapter 243 ot the acts of 1878, en- 
titled "An Act in relation to Registration and Elec- 
tions in tbe city of Boston," as may be deemed 
necessary, and for the best inteiests of the city. 
Order read twice and passed. Sent down. 

INCORPORATION OF CITY HOSPITAL. 

Alderman Stebbins, from the Joint Committee 
on Legi>lative Matters, to whom was referred 
so much of the Mayor's address as relates to the 
incorporation of tbe Trustees of the City Hospi- 
tal, submitted a report recommending the passage 
of an order— That his Honor the Mayor be re- 
quested to petition the Geneial Court, at its pres- 
ent session, tor tbe passage of an act incorporat- 
ing the I'rustees of the City Hospital. Read twice 
and passed. Sent down. 

ALDERMANIC DISTRICTS. 

Alderman Stebbins submitted the following 
(City Doc. 13) : 

he undersigned, a majority ot the Joint Special 
Committee on Commissions and City Charter, to 
whom were referred the orders in relation to 
aldermanic districts and the biennial election of 



53 



BOAHU OF ALJDERJVIEN 



Mayor and Aldermeo, havina; considered the mat- 
ter, beg leave to report as tollows: 

The tollowing are the orders referred to your 
committee: 

"Ordered, That his Honor the Mayor be re- 
quested to petition the General Court, at its pres- 
ent session, for a change in the manner of elect- 
ing i? Idermeo, so as to provide that at the next 
municipal election six Aldermen snail be elected 
to serve for one year and six to serve for two 
years, and annually thereafier six Aldermen shall 
be elected to serve for two years; and also for the 
division of the city into twelve aldermanic dis- 
tricts of contiguous territory, so as to apportion 
the representation as equally as may be, accord- 
ing vo the number of legal voters in each district, 
and so formed that no ward of the city shall be 
divided therefor. 

"Ordered, That his Honor the Mayor be author- 
ized to petition the General Court for an amend- 
ment to the city charter so as to provide that in 
1880, and biennially thereafter, the Mayor shall 
be elected to serve for two years; and also for a 
division of the city into twelve aldermanic dis- 
tricts, as follows: 
District 1 — Wards 1 and 2. 

" 2— The (Jharlestown wards. 

" 3 -Wards 6 and 7. 

" 4— Wards Sand 9. 

" ■ 5— Wards 10 and 11. 

" 6 -Wards 12 and 13. 

" 7— Wards 14 and 15. 

" 8— Wards 16 and 17. 

" 9— Wards 18 and 19. 

" 10— Wards 20 and 21. 

" 11— Wards 22, 23 and 25. 

" 12— \¥ard 24. 

"Said amendment also to provide that a« the 
next municipal election, and biennially thereaf- 
ter, one Alderman shall be chosen by the voters 
of each of said districts, to serve lor two years, 
and all vacancies to be filled in tne .«ame man- 
ner." 

The undersigned are of the opinion that it is in- 
expedient t» petition for the establishment of 
ald'ermanic districts, upon the ground that such ' 
divisions would have n. tendency to increase the 
feeling of sectionalism. The Board ot Aldermen 
has always been intended to represent every part 
of the city, local interests being intiusted more 
especially to the members ot the Common Coun- 
cil who represent the individual wards. If the 
citizeos of Boston feel it to be essential that 
Charlestown, Ease Boston, Roxbury, Dorchester 
or West Roxbury, should any, or all of r.hem, have 
a special representation on the Board, they can 
now easily secure that result in their nominating 
caucuses. But it may well be doubted if it be tor 
the interest of the city as a whole to foster these 
local prejudices. 

The question of electing the Mayor and Alder- 
men for two years is necessarily connected with 
many other municipal problems, and cannot ad- 
vantageously be singled out at present. Your 
committee may well anticipate that this question, 
with other alterations of the city charter, will be 
brought to their consideration officially during 
the present year. 

If these portions of the City Government are to 
be elected for longer terms, the Common Council 
may desire a similar extension; and it may be 
deemed advisable to apply the same rule to the 
beads of some important departments. It seems 
unwise, therefore, to decide upon so large a ques- 
tion in the very brief time lor consultation and 
investigation to which your committee was ex- 
pressly limited. 

For these reasons and others of equal weight, 
the maiorityof your committee join in the rec- 
ommeridation that no action be tasen at this time 
in regard to petitioning for any ch<inge. 
Hugh O'Beien. 
William H. Whitmube. 
Paul H. Kendeicken. 

Appendix, 

The undersigned, while fully coiiiclding with 
the majority of the committee that any action 
upon the subject is unwise and unnecessary, begs 
leave to submit the following plan as a substitute 
for the one submitted in the amended order, in 
case the subject should ever be brought up for 
action. 

If the district system be urged as a means of se- 
curing minority representation, it may be replied 
that there are many other modes of securing that 
result. Thus, if only seven Aldermen can be 
elected on one ballot, the twelve highest candi- 



dates to be chosen, the minority will always se- 
cure five. The plan of cumulative voting is also 
under trial in other communities. 

The undersigned cannot assent to the order .9,8 
amended by the .specific districts named in ttfe 
plan submitted in the amended order. He has a, 
very strone belief tbat no plan can be agreed 
upon which will not, ii) the popular estimation at 
least, lie connected witb political consideratiops. 
The balance of power is very slight in Boston, 
and for the last four years has vibrated from side 
to side. The wards are of varying size, and per- 
fect uniformity iu the districts cannot be ob- 
tained. But every plan containing inequalities 
will be scrutinized, and will necessarily result in 
greatly interfering with the political character of 
the Board. The present time and circumstances 
are not favorable for the discussion and arrange- 
ment of such a delicate piece of political ma- 
chinery. 

To the plan proposed in the amended order the 
undersigned objects, as it is easy to construct a 
division presenting far less inequalities. For ex- 
ample the following arrangement might be con- 
sidered : 

District 1, Wards 1 and 2 4,364 voters 

2, " 3 and 4 3,987 " 

3, '• 5and6 4,008 "■ 

4, " TandS 3.927 ■' 

5, " Oandll 4,346 " 

6, " 10 and 12 .3,899 " 

7, " 13 and 16 4,477 " 

8, " 14 and 15 4,839 " 

9, " 17 and 18 4,585 " 

" 10, " 19, 22 and 25 5,294 '• 

" 11, " 20 and 21 5,038 " 

" 12, " 23and24 5,349 " 

54,113 voters 

This plan has several advantages over that pro- 
posed in the amended order. The 54,113 voters 
divided into twelve districts give an average of 
4510 voters to each. Tbe first plan has one dis- 
trict with 5986 voters, or 1476 above the average, 
and one with 2987 voters, or 1523 below the aver- 
age. 

la this plan the highest number is 5349 (or 839 
above the average), and the lowest is 3899 (or 611 
below the average). 

That is, the extremes of the old plan are 5986- 
2987; now plan, 53-19-3899. 

Clearly, then, b^ this plan the inequalities are 
far less than by the other — an advantage not to 
be undervalued. 

Again, by tne new plan the wards which are 
joined are in all cases contiguous; but the old plan 
joins West Roxbury to Brighton, and in no case 
makes any more symmetrical combination than is 
effected by the new scheme. 

In the new plan, each district consists of two 
wards (22 and 25 being half wards), whilst by the 
old plan one district consists of three wards (5986 
voters), and one district of one ward (2987 voters). 
There seems to be no sound ground for this pref- 
erence shown to Dorchester. Its immediate neigh- 
bor is Wesi Roxbury — a ward similar in character 
and interests — and tbe two can well be joined in a 
single district. Dorchester is not at present in- 
creasing rapidly in population, and there seems 
to be no propriety in'giving it a double represen- 
tation in the Board ot Aldermen. 

Charlestown, indeed, is divided by the new 
plan, but as it receives one Alderman certainly, 
with an equal claim to another in the third dis- 
trict, it is better represented by the new plan than 
the old. 

Other schemes can doubtless be arranged, but 
this example may serve to refute the claim made 
for the old plan, that the wards "cannot be 
grouped in any other manner than I [Alderman 
Stebbins] have prescribed." "They cannot be ar- 
ranged in any other way except in a spirit ot un- 
fairness, a spirit which looks to party supremacy 
rather thar to good government." No such lofty 
claims are made for this plan; it may, perhaps, 
bear inspection equally well. 

William H. Whitmoee. 

Minority Report. 

The undersigned respectfully dissent from the 
conclusions of the majority ot the Joint Special 
Committee on Commissions and tne City Charter, 
in regard to the expediency of dividing the city 
into aldermanic districts, and electing the Mayor 
and Aldermen biennially, and beg leave to sub- 
mit their reasons therefor. 

In the opinion ot the undersigned it is desira- 
ble that the city should be divided into alder- 
manic districts in order to give fair and equal 



JA N TJ AR Y 37 



1S79 



54 



representation to every section of the munici- 
pality. 

The principle that each district which is includ- 
ed within our municipal limits should be repre- 
sented in the Board is recognized bv all political 
parties when nominating candidates for Alder- 
men. But, with the present method of electina: 
Aldermen upon a general ticket, the result is not 
assured. On the contrary, it frequently happens, 
as is the case now, that some of the most impor- 
tant sections of the city are not represented; 
and, while the unrepresented sections may not be 
neglected, the interests of all would be better 
subserved if each district had a representative, 
who, while representing the city as a whole, 
would be familiar witn its local necessities, and 
qualified from personal knowledge to look after 
its interests. This is especially true in the case 
of the outlying wards, where the demand for 
public improvements is greater than in the older 
parts of the city, in order that no unwise expen- 
ditures may be made. 

It, therefore, appears prudent, as well as desira- 
ble, to trust no longer to cnance, but to adopt a 
system of election which will insure a representa- 
tive to each section of the city. The plan of dis- 
tricts designated in the amended order divides 
the representation as equally as possible accord- 
ing to the number of voters, with due regard to 
the extent of territory and the prospective in- 
crease in population in the suburban wards. It 
groups the wards symmetrically together, and fol- 
lows well-defined boundaries. 

The only fair criticism which can be urged 
against the plan is in regard to the second and 
twelfth districts, comprising Dorchester ana 
Charlestown. In the second district the number 
of voters exceeds the average ; in the twelfth it is 
less. It should be considered, however, that 
Charlestown is completely built over, and the 
demand for public improvements is not so great 
as from other and newer parts of the city. 
The duties of an Alderman from that dis- 
trict would be comparatively light, so far as re- 
late to the wants of the locality. On the other 
hand Dorchester comprises a large extent of new 
territory, and the requests for streets, sewers, 
lamps, etc., are unceasing. The demands upon 
the Alderman from that ward require his constant 
attention. The undersigned believe it to be 
unnecessary to offer any reasons in favor of elect- 
ing the Mayor and Aldermen biennially, instead 
ot annually. The subject has been frequently dis- 
cussed, and it is generally conceded by those fa- 
miliar with city affairs that the experience which 
a member of the Government gains during his 
first year of service renders him of greater value 
thereafter. This is particularly the case 
in the direction of important public works, 
where a knowledge of details is requi- 
site and where the interests of the city 
must necessarily suffer from any change in 
the management ot the department, and it has 
led to placing several departments in charge of 
boards of commissioners in order to insure that 
stability and uniformity in management which is 
essential to a proper and economical administra- 
tion of municipal business. 

The argument in favor of electing Aldermen by 
districts applies with equal force to the election 
of the School Committee. If the latter were to 
be elected biennially with the -Mayor, it would in- 
crease the interest in the election and the result 
would probably be more satisfactory to our 
citizens. 

The undersigned would, therefore, respectfully 
recommend the passage of the amended order. 

S. B. Stebbins. 
John F. Colby. 

Laid on the table on motion of Alderman Steb- 
bins. 

LEGISLATIVE MATTERS. 

Alderman Stebbins submitted City Doc. No. 12, 
being the first report of the Joint Stanaing Com- 
mittee on Legislative Matters, giving list of pe- 
titions, etc., relating to the city of Boston, pend- 
ing before the Legislature ot 1879. Accepted. 
Sent down. 

LONG ISLAND FOB THE HOUSE OF CORRECTION. 

Alderman Flynn offered an order— That the 
petitions of John J. Noonan and others, and of 
William J. Burke and others, that the city would 
purchase Long Island for the House of Correc- 
tion, be taken from the files ot unfinished ousi- 
ness' of 1878 and referred to the Committee on 
Public Institutions. 



Alderman Flynia— I would state that those peti- 
tions came at the latter part of the session ot the 
last Board of Aldermen, and were referred to this 
City Council. 

The order was read twice and passed. Sent 
down. 

CITY ENGINEER'S DEPARTMENT. 

Alderman Robinson offered an oraer— That the 
City Engineer be authorized, with the approval of 
the Joint Standing Committee on the Engineer's 
Department, to make such purchases of supplies, 
instruments and drawing materials, and to incur 
such other expenses, as may be necessary for that 
department during the present municipal year. 
Read twice and passed. Sent down. 

COASTING. 

A petition was received from D. L. Page and 
others, that the boys of Jamaica Plain be allowed 
to coast on Manning's Hill, aud that a policeman 
be stationed there. The petition was referred to 
the Committee on Ordinances, but Alderman 
Stebbins suggested that it was a matter which 
should be attended to at once, and it better be re- 
ferred to the Police Commissioners, as the princi- 
pal thing would be to station an officer there. 
The reference was reconsidered, and, on motion 
of Alderman Flynn, the petition was referred to 
the Committee "on Streets on the part ot the 
Board. 

FRANKLIN FUND. 

Alderman Viles offered an order— That two 
members ot this Board be appointed to exai ine 
the accounts of the Treasurer of the Franklin 
Fund. Passed, and Alaermen Viles and Tucker 
were appointed. 

REFRESHMENT BILLS. 

Alderman Stebbins — Near the close of the last 
meeting of the Board, some question was raised 
as to the correctness ot certain refreshment bills, 
which had been seen by the members of the 
Board of Aldermen, and the matter was left un- 
settled in consequence of the Auditor's office 
being closed. I have here the bills shown to the 
Chairman of this Board and one or two other 
members, just as they were at tbe time, without 
alteration or change whatever. The date in ques- 
tion, when tbe reporters dined witii the members 
of the last Board, was the 30th ol December. The 
bill on file at the Auaitor's office read for nine 
dinners, $17.85. The Alderman who presented 
the matter to the Boara and to the public 
labored under some misapprehension. The 
original entry upon the books of the 
hotel, for the dinner at which the reporters 
were present, was for a much larger amount, and, 
as I stated at the last meeting, the members of 
the Board were assessed for a sum sufficient to 
reduce the bill to $17.85, the amount collected and 
paid to the ijroprietors of the hotel being far in 
excess of the amount of the bill rendered the city 
for a dinner for nine Aldermen, for the gentle- 
men of the press who were present and for a gen- 
tleman who was sick and absent, but was remem- 
bered by his associates and the members of the 
Board. I am not surprised at the mistake the 
gentleman made, on account ot lis being entirely 
opposed to the Democratic practice and principle 
to ipay bills of this kind, but trusting to the good 
nature of the citizens to do it. But In this case 
the taxpayers did not suffer, and the members of 
the Board enjoyed a pleasant occasion with tne 
members of the press, and paid for their sup- 
per. 

Alderman Flynn— I am laboring under some 
disadvantage tonight on account of not being 
able to produce the bills. I find that the Alder- 
man has those bills which he has shown to the 
Board. I called on the Auditor last Friday, or his 
clerk, and requested him to let me see the three 
bills presented to Alderman O'Brien and myself. 
He presented me with one bill and said it was the 
only bill he had; so lam unable to get the bill 
which I say I saw two weeks ago in this room. I 
am therefore laboring under tbe difficulty of not 
being able to get the bills and present the case as 
fairly to the Board as if I had them. 

The City Messenger handed Alaerman Flynn 
the bills which Alderman Stebbins had read. 

Alderman Flynn — t suppose these are the bills, 
or a part of them, that were presented to me at 
the time, but which were refused me last Friday. 
I don't know but there were other bills at the 
time, but I am not able to say whether these are 
tbe bills or not. 

Alderman Stebbins— I would state that I asked 
the Chief Clerk in the Auditor's Department for 



55 



JBOAJRU OF Al^UERMEN 



the three bills which were shown to the Chairman 
ot this Board and to the gentleman who has just 
taken his seat. I have shown them to the gentle- 
man. As 1 have stated, the members of last year's 
Board would be happy to have the members of 
this Board and the public closely scrutinize the 
refreshment bills ot last year. The refreshment 
bills of last year amounted to §807.85, while for 
the previous year they were $2727.25. On joint 
committees the difference is still more marked. I 
know that the members of the Board of Aldermen 
are more responsible for the refreshment bills 
than any other persons connected with the City 
Government. As this matter has been introduced 
not by any motion of mine, for I never intended 
to say anything about it, but as it has been intro- 
duced, it may be interesting to the public to 
know that in 1877 the refreshment expenses ot the 
joint committees of this Board and the other 
branch amounted to $9227.24, and that last year 
they amounted to $1534.57, a difference of $7700 in 
favor of last year's Board. I hope that people in- 
terested in this subject will continue their in- 
vestigations. It 18 barely possible they may run 
across other bills, some portion of which have 
been paid by the members ot this Board last year. 

Alderman Kelly— I think I can help the Alder- 
man out of this dilemma. There seems to be a 
missing bill. The Alderman says the Board last 
year spent $807.85 in refreshments. Now, sir, I 
find by"a circular which the gentleman circulated, 
and I suppose the gentleman revised it before it 
went out, that they really spent $1000.84. I sup- 
pose that is the bill that is lacking. 

Alderman Stebbins— I did not circulate that cir- 
cular. 

Alderman Kelly— It is signed by one of the Citi- 
zens' Committee. 



Alderman Stebbins — I don't happen to be a 
member of the Citizens' Committee or any other 
political committee , There are certain carriage 
bills which I omitted in my statement. Now that 
the Alderman has presented it, I should like to 
compare the carriage bills of last year with those 
of the previous year. It will carry out the com- 
parison I have already made, and I am sure they 
were very much larger in 1877 than last year. I 
have many other interesting facts, but don't care 
to present them. I have stated enough to show 
the general tendency of the moral tone of the two 
governments, and I think it better to let it rest 
there. 

Alderman Kelly— I do not care to take up any 
time in this matter, because I don't like to de- 
prive the Alderman opposite, or any otber gen- 
tleman, of refreshments. I stated that while the 
present rule was on the book, I should not take 
any refreshment at t.he expense ot the city; and 
I hope that while the horse cars run through the 
city so much it will not be necessary to hire car- 
riages. I merely brought this up to show that 
we could cut this as line as they could. They 
went into the Paving Department and everything 
else; and they put it down here that the refresh- 
ment bills amounted to $1000.84. It is refresh- 
ments and carriages. 

Alderman Stebbins — I don't like to continue 
this subject, but the expenses of the Paving Com- 
mittee last year were $34.70, and the previous 
year, $730.80. Committee on Lamps, last year, 
$6.55; the previous year, $395.50. I have a great 
many other interesting figures, but I will not give 
them. 

Adjourned, on motion of Alderman Slade. 



gipMJMOJS GOrJNOlJL.. 



&& 



CITY OF BOS TON. 

Proceedings of the Common Council, 

JANUARY 30, 1879. 

Regular meeting at Ty^ o'clock, P. M., William 
H. Whitojore, Presiclent,"in tiie cdair. 

MONITOBS. 

Ttie President announced the appointment of 
monitors provided for in the new rules: 

Fir^t Division— Messrs. Sibley of Ward 5, Tay- 
lor of Ward 16. 

Second Division— Messrs. Bristol of Ward 8, 
Greenough of Ward 9. 

Third Division— Messrs. Furlong of Ward 13, 
Howard of Ward 4. 

Tbe President— The understanding is that until 
further regulations are prepared, whenever a 
standing vote is called lor, the Monitors will agree 
upon a count simultaneously, and one of the Moni- 
tors for each divi-ion will anuomioe the result; 
they will come in order, 1, 2 and 3, and the Clerk 
will call the number for each division after each 
announcement. 

PAPERS FKOM THE B()AK1> OF ALDERMEN. 

Reports of city officers. Placed on llle. 

Papers were referred in concurrence. 

Report and order for Mayor to petition tor such 
amendment as may be necessary for best inter- 
ests of tbe city, tc the '-Actiu relation to regis- 
tration and elections in the city of Boston." 
(Chapter 243, Acts ot 1878.) Read twice and passed 
in concurrence. 

Order to take from the tiles and refer to Com- 
mittee on Public Institutions the petitions ot John 
F. Noonan, William J. Burke and others, for the 
purchase of Long Island by the city. Passed in 
concurrence. 

Report of (leave to withdraw) en the petition of 
Abraham Hart to he paid for personal injuries, 
received in Walker street. Accepted in concur- 
rence. , 

Order for City Kngineer to make purchases of 
supplies, drawing materials and incur other 
necessary expenses for his department. Ordered 
to second readins:. 

Order for City Surveyor to do the same for his 
department. Ordered to a second reading. 

Report and an ordinance in relation to Mystic 
Valley Sewer. Ordered to a second reading. 

THE EAST BOSTON FERRIES. 

The amended order for the Mayor to petitioa 
the Legislature for an act to authorize the Board 
of Aldermen to control the East Boston ferries 
and reduce the tolls thereon, and, if they see tit, to 
make tbe terries free, and providing that said act 
shall be submitted to the people for ratification 
and approval, came down with an amendment 
provided that tbe act shall be submitted to the 
City Council for ratification and approval. 

The question was upon concurring with the 
Board of Aldermen in the amendment. 

Mr. Wheeler of Ward 10— I move the rejection 
ot the substitute adopted by tbe Board of Alder- 
men, so that the order will come before us as it 
was first passed. 

Mr. Greenough of Ward 9—1 trust that this 
change in tbe amendment which we adopted in 
the Council, and which we have sustained against 
the recunsiueitition, will not be carried touight. 
Of course it is useless to talk very much 
longer on this question, but there are one 
or two points which I think might be 
brought out with advantage. The only 
claim which the citizens of tbe island wards have 
offered that the rest ot tbe city should put their 
hands in their pockets and transport them to and 
from their homes in East Boston, and that all peo- 
ple and all companies who desire to do business 
there, shall do so free ot tolls, is, that 
by doing so, they will advance the pros- 
perity of the city; or, in other words, by re- 
taining tolls on tbe ferrie.s they are damaging the 
shipping interest and injurina: the rest of 
the community. Let us look at this for half a min- 
ute. I have been informed on good authority that 
four-filths of tbe goods shipped from East Boston 
and carried there by rail and not by ferry. Now 
the rates ol cartage of carrying those goods there 
are several times greater than the rates of tolls 
on the ferries. The length of time necessary for 
carting the goods from the city proper to Bast 
Boston, especially when teamsters are so liable 
tjo delays, is a much greater disadvantage to the 
commercial interest than are the tolls, and really 
discriminates more against East Boston 



than the tolls do. But what diflerence is 
it to the city ot Boston whether the business 
is done in East Boston or South Boston, if it is 
done in the city ? The claim or tne people of East 
Boston that they should be carried to their homes 
free is perfectly absurd. Theinterest of the restof 
the community is just as defensible, in my opin- 
ion, and it would be ]ust as reasonable for the 
people of Brighton to request that they be carried 
home at the expense of the taxpayers. 

Mr. Wheeler of Ward 10— I ask but a few mo- 
ments ot the Council's attention, not having 
taken up much time in making speeches. The 
action taken by the Board of Aldermen might 
have been expected. The proposition iiivolved 
in the amendment of the Boara is that this 
matter, after the proposed act of the Legisla- 
ture be returned to us for our decision, and 
it amounts simply to this: It asks us to 
vote twice upon tbe same question. It real- 
ly comes to that. I don't see why it is not 
proper for us to vote upon it now. We have 
already expressed our opinion twice upon 
it, and it it is really to come back to us again it 
amounts to a sort of absurdity. Tbe truth is that 
this is a skilful move on tbe part ot the advocates 
ot free ferries to carry out their plan and prevent 
a submission of the question to the people. It 
was urged, I know, by a leading advocate' in the 
other branch, that free ferries were not expected 
this year. But none will deny, and we cannot 
doubt if this act is passed it will certainly 
couie back to u^. The advocates of the 
measure, knowing tbe advantage they have 
in the majority tor it in the other branch, 
will certainly not lose ihe benefit of it. They 
know full well that tiiey can depend upon that 
majority. Tbey know that the question, the de- 
cision of which will afEect tbe election ot that 
Board, will cause no great independence to be 
shown there. Such was the case in 1877, when 
the matter was before that Board, and it is quite 
curious to notice tbe amount of independence 
shown by the members at that time. It is ■0|uice 
curious to see with what eagerness they expri-ssed 
by their votes and speeches their favor for the 
order. There wa.s but one member who 
showed any indcijendence, be it stated to his 
credit, and that wasex-Aldermao Fitzgerald. He 
stated to his associates in terms wuich could not 
have been misunderstood, that the people of East 
Boston, having the balance of power, the members 
ot the Board were, in fact, afraid to vote against 
the proposed measure. Now, such was the motive 
which evidently governed in 1877. How far that 
motive governed on Monday last we can all judge. 
It was suggested that tbe people were not' inter- 
ested in this matter. Tbey certainly were interested 
in 1877, and manifested "great interest. It takes 
some time for the peopls to get a matter before 
them, inasmuch as tbey cannot express their opin- 
ion so speedily as individuals. Kut they are in. 
terested in it in the same way as they were in the 
park question, and they expressed their opinion 
upon that and voted upon it. Now, for a moment 
compare tbe park claim with the East Boston 
Ferry claim. That was a scheme by which all the 
people could be beueiited. But tbey voted tha^; 
they could not incur tbe expense. Here is a 
scheme in which a small portion ot tbe people are 
interested, and such a small portion, that in case 
it is carried through they would pay but one- 
fortieth of tbe expense, and still they demand 
that tbe scheme shall be carried forward for their 
bt nefit without submitting it to those who are to 
pay thirty-nine fortieths of the expense. Only 
one word more, and that is in relation to tbe ar- 
gument which was urged one week since, and it 
was one of the principal arguments urged, 
namely: That the freeing of the ferries of tolls 
would* tend to increase the commerce of Boston. 
Now, sir, there is no person who would do more 
to accomplish thai most desirable end than my- 
self. There is no person who rejoices more 
at tbe fact that within one week we have 
had at one time, eleven foreign steamers 
at our port. But, as has already been 
intimated, tbe freeing ot ferries of tolls cannot 
accomplish that result, and for the simple 
reason that tne merchandise which is shipped and 
discharged at the East Boston piers does not pass 
over the ferries. It is shipped and discharged 
mostly by means of elevators, railroads and light- 
ers. Take, sir, tbe case of the city ot New York. 
Their ferries, none of which are free, don't con- 
tribute to enhance the commerce of the city, and 
they never will. Such is the case here. I think 
that argument falls to the ground. 



57 



OOMMOJSr COUNCIL, 



Mr. RosDOSky of Ward 16—1 ask that this 
amendment should pass as sent up from the 
Board ot Aldermen, tor the simple reason that if 
it is passed by the LiSgislature it will come back to 
us tor ratification. The gentleman from Ward 10, 
who just took his seat, compares this measure 
with the park scheme. Mr. President, I claim 
that when we requested the Legislature to pass an 
act for a Police Commission, it was given to us to 
understand that it was coming back" to us for rati- 
fication ; but we never received it again, and we 
had to swallow it down. Now, I claim that the 
Board of Aldermen have goc strength tbis year, 
and they are willing to give you a part of their 
strength for the ratification of this act if it is 
passed by the Legislature. The argument in 
favor of submitting it to the people was not used 
last year when the order was brought up to 
establish the Police Corn-mission. It was merely 
said that if it passed the House it should come 
back to us. There was no rule for it to come 
back to us, tbough it was the understanding that 
it should. But ic never came. I hope the amend- 
ment will prevail. 

Mr. Swift of Ward 9—1 hope the aiueodment 
from the Board of Aldermen will not prevail. A. 
great deal has been said ob this subject, and per- 
haps every member of the Council has already de- 
termined upon his vote; and yet before wejpro- 
ceed to vote upon it I would like to call the atten- 
tion of the Council to a passage in the Mayor's 
inaugural address: 

"The issue in the last election is not to be mis- 
taken. Everywhere, cot only here in the city of 
Boston, but throughout the country, the people 
believe that the expenses of government are 
much too great, and should be reduced. This de- 
mand for retrencnment in expenses has entered 
into all our recent elections, town, city. State and 
federal. It was heard with ominous emphasis in 
our recent gubernatorial election. It was heard 
most unmistakably at the municipal election. 
Both parties promised to heed and obey it. Hon- 
esty, good faith, urban credit, and the welfare 
and future growth of the city, all demand that we 
should redeem our promise. We entered into a 
contract with our constituents, that in considera- 
tion of their votes we would accomplish the re- 
forms and effect the retrenchment which they de- 
mandea. If we fait to keep this contract, if we 
are recreant to our official trusts, we shall be con- 
demned at the next election as unfaithful stew- 
ards." 

It is necessary for as to bear in mind the ques- 
tion on which we are voting. It is this; Shall the 
citizens of East Boston pay one cent and a trac- 
tion to be carried to 'heir homes, or shall the 
citizens of Boston be taxed $175,000 a year to pay 
that tor them? We cannot shirk the responsi- 
bility of this question. It may be said that this is 
not a final decision of this matter. To be sure it 
is not the last steijD ; but it is the first and most 
important one. If the ferries are free, o-n our 
shoulders will rest the responsibility of placing 
this additional burden upon the taxpayers of Bos- 
ton. If the city is to be taxed $175,000 a year, it 
is only reasonable to inquire what the city will 
get in return for that amount. It has been urged 
that a certain British steamship line— it was 
stated at the last meeting of the Council— found 
the rates of tolls upon the ferries inconvenient. 
But it seems to me that is a very strange reason to 
tax the citizens of Boston. The citizens of Boston 
have been taxed for a great many purposes, but I 
doubt whether it was ever proposed before to 
tax them in order to carry, without pay, the 
freight of a British steamship company who are 
rolling in wealt?h that they have made out of our 
citizens. Now, it is said tbat this treeing of the 
ferries will increase the prosperity of the city — 
that it will improve business! Now, that has been 
said of a g>eat many Things which have been pro- 
posed of late years. We can all remember a great 
many things which it was said would increase the 
prosperity of the city. The Hoosac Tunnel is one 
of the many. But it has been generally found 
that the result did not fulfil the promise, and 
even if all the good that is expected should accrue 
from this freeing of the ferries, there is a thing 
which would bring a much greater prosperity to 
to the city than the freeing of the ferries could 
possibly do, and that is the lightening of th9 
taxes. It is notorious that the taxes of the city of 
Boston are so heavy that our wealthy citizens and 
merchants are driven out every year and forced 
to seek other cities to which to transfer their 
homes, and in many cases their business, where 
the burdens of taxes are light. If we wish to in- 



crease the prosperity of the city if we wish to 
bring business here, let us make this city attrac- 
tive; let us make it a desirable place to do busi- 
ness and live in, by lightening taxation, and let 
us not add to the taxes of our already over-bur 
dened citizens by asking for an act of doubtful 
legality and tor a purpose entirely unnecessary. 

Mr. Shepard of Ward I — I hope we shall concur 
with the Board of Aldermen, and pass this order 
as it came to us It is a very simple order that 
was introduced into this branch to give the Board 
of Aldermen the same control over the avenues 
of approach to East Boston that tiiey have over 
the other avenues of approach to every other 
ward, aside from the central wards of the city. 
They have complete control over the bridges to 
Charlestown and South Boston. In fact, awhile 
ago this City Government went to a great expense 
in buying and filling land in constructing Swett 
street, and yet after we had loneto all that ex- 
pense, it passed to the control of the Board of 
Aldermen. And why? Because they are the 
County Commissioners and Surveyors of High- 
ways." It is simply giving them the same control 
over this avenue of approach to East Boston that 
has been given to them over every avenue of ap- 
proach to the outlying sections of the city. 
Ferries have been classed with roads ana bridges 
from time immemorial to the present. I see no 
distinction between them now. They are things 
which have been used under public authority. I 
am not afraid to go to the people, but I consider it 
an unworthy evasion of our responsibility. We 
are not sent here to refer measures back 
to the people when they come before us. 
That is tbe way they do business in 
a town. The citizens of a town assemble 
and pass upon measures direct. But we are sent 
here to consider the measures themselves. Tha» 
is the distinction between a town and a city gov- 
ernment; and, for one, I will not shirk that re- 
sponsibility placed upon me by my constituents. 
It cannot be distinguished from other matters. 
They say the expense is large. But what has 
been the expense of the improved sewerage? 
Three millions, and we know not how much 
more. What was the expense of widening Atlan- 
tic avenue? A million and a half of dollars. 
None of these measures were put before the peo- 
ple, because they were something for us to decide. 
Now, this order has been so amended that no 
matter what the Legislature may do, the act has 
to come back to us for our acceptance. We are 
then to say whether we will accept such power as 
tbe Legislature may give us. Two weeks ago, the 
gentleman from Ward 11 said that this act will 
not again appear in this chamber. It has been 
amended so that the act will provide that it shall 
appear again in this chamber. I hope the gentle- 
man will show his consistency by voting for this or- 
der as it came from the Board ot Aldermen. It has 
been said and urged by the gentleman from Ward 
9, I believe, that the expenses on behalt ot the 
people of East Boston are greater than the taxes 
they pay into the treasury. Admit that for a mo- 
ment. Yet I should say, as was said by the Al- 
derman from East Boston in the Boara of Alder- 
men last Monday, if you are going to take that 
ground, it is better to take from us our paved 
streets and give us common country roadways; 
it is better to deprive us of many things, and al- 
low this same tax to go to the freeing of the fer- 
ries. We can endure without the first. They will 
be inconvenient, no doubt; but free ferries are a 
necessity to us. The Island Ward swill not have 
the prosperity that we should have unless you 
give us the same access that you do to other parts 
of the city. It has never been the policy of the 
city to measure the extent of the improvements 
made in any section by the amount of taxes that 
they pay. Here are the central wards paying one- 
fourth of the taxes paid into the treasury every 
year. But does any one think that they should 
have one-fourth of the improvements made in the 
city ? It is something that never has been thought 
of. It never has been done in the past, and it 
is a poor time to bring it up at present. 
There were spent in the city of Roxbury in one 
year seven hundred thousand dollars more than 
they paid into the treasury in taxes. It was a 
wise policy, because in a few years the value of 
property there increased over seventy per cent. 
And this great bugbear of expense is brought up. 
The cost of running the ferries would amount to a 
quarter of a mill per $1000 on the taxable property 
of this city. A hundred and seventy-five thousand 
dollars is what we would lose in any one year. Cut 
was this argument brought up when it was pro. 



JANUARY 310 



1 e 7 9 



58 



posed to remove the tolls from tbe bridges ? When 
a man formerly came from Charlestown or South 
JBostou he bad to pay toll. When they asked that 
the tolls be removea, we might have said, We will 
lose rhe amount of those tolls that we are getting. 
But It was not looked upon as a valil argument, 
and it was looked upon as against the policy of 
the age to keep tolls upon any approach to the 
c ity. We might as well say it is loss of money to 
the city to build the Back Bay Park. Why, it is a 
loss to tne city, in one sense, on the money we 
borrow for the improved sewerage. But it is 
something for use, and for the health and pros- 
perity of the city. But the gentleman forgets 
there is anothsr side to tliis argument, and that 
there is a compensation in this matter. If we have 
the same approach to the city that is given to other 
sections, is there a gentleman in this chamber 
who doubts that our property will rise la 
value, that we shall find such industries as 
have left us on account of the tolls, 
coming back, and is n't it evident that we 
shall see more taxes coming back to the city 
treasury? Et maybe that instead of losing so 
much by the abolition of the tolls on the ferries, 
we shall pay vastly more in taxes. As well might 
we say that Commonwealth avenue, as now pro- 
posed to be extended, ought not to be put through 
because it is going to be i^ii expense to the 
city. But we expect to get that all back in the 
rise in the taxable value of property, and in the 
houses and residences to be built upon that ave- 
nue. It is the same with every improvement 
made by the city. One argument tor a park was 
that we shall gee more money from the rise in 
the taxable value of property in the localities 
around it. It is so in this case. It we remove the 
tolls from the ferries to the island wards, the value 
of property will increase there and the city will get 
much more in taxes than she will expend. But we 
were told the other night that the people of East 
Boston knew the ferry was there when they went 
there to live. It is true. But the people who 
went to other sections knew the lolls were on the 
bridges when they went there. But we did nor 
consider them estopped from asking that those 
tolls be removed. When the people built houses 
upon the Back Bay they knew they had uo healthy 
drainage; but they were not estopped from com- 
ing into this government and asking that we make 
it healthy for them. I remember some years ago, 
when a hearing was had before the City Council 
on the freeing of the ferries, that a gentleman 
said it would be just as well for a person 
living on one of the islands in the harbor to ask 
the city to bring him into the city as it was for 
the citizens of East Boston to ask to have the 
ferries freed. Just conceive, if you can, of the 
setting up of the interest ana convenience of one 
man against that of thirty thousand. This is 
for the interest of all the people. But it has been 
left for one of the members of this Council to 
compaie the people of East Boston with the res- 
idents of Deer Island, and to liken us unto crimi- 
nals and paupers. 

Mr. Wolcott of Ward 11— Will the gentleman 
allow me to interrupt him a moment? 

Mr. Shepard— I would rather the gentleman 
would wait until I get through. 

Mr. Wolcott— Then I don't know but I must 
wait. 

Mr. Shexjard— It has been said that we want free 
•transportation. It is said that we ask to be car- 
ried to our homes free. If I go from here to my 
home I can go but a little way on the ferries; just 
the same as if I should go across the bridge to 
Charlestown. If I seek transportation I expect to 
pay my fare just as much as if I was going to 
Brighton. Such an argument as that is an empty 
one, because such a thing has never been asked 
for. It is a man of straw set up to be knocked 
over by the gentleman who used it. The gentle- 
man from Ward 9 said that if there was a bridge 
we would have to walk across, whereas we now go 
in a boat. We would be content to take a bridge 
or a tunnel, but give us a means of approach to 
the city proper, so that we shall not be taxed to 
use it. The ferries are frequently delayed. I am 
delayed many a morning by a tog in the harbor, 
when, if there was a bridge, I could get over with- 
out much delay. We asked for a bridge, but we 
could not obtain it; and we say, take away the 
tolls, or give us something instead that will allow 
us to have free access to the city. 

Mr. Shepard's time having expired, on motion 
of Mr. Wolcott of Ward 11 it was extended. 

Mr. Shepard— I am much obliged, Mr. Presi- 
dent, to you and the members of the Council for 
your courtesy. But it is said that we do have a 



means of getting to the city without paying any 
tolls. It is a strange argument. Central square 
in East Boston is distant one and a half mile; 
from City Hall. If a person wants to come to the 
City Hall through Chelsea and Charlestown, he will 
have to travel about double that distance— about 
three and five-eighths miles. And yet this is pro- 
posed as a serious argument. Why shall we go 
around all that distance to have the same rights as 
are given to the other people of the city? And this 
is not for one person only, but for thirty thousand 
persons; and it is not for one year only, but for- 
ever, that they shall go around through another 
municipality in order to get to City Hall 
without the payment of tolls; but one serious ob- 
jection was sought to be made by the gentleman 
from Ward 10. He inquired whether the City 
Solicitor's ■ pinion had been obtained whether this 
was constitutional. I don't know whether it has 
been obtained or not. If the gentleman is inter 
ested in obtaining it, he can do so. I have not 
sought to do so. I can give the authority of a 
man who has been Attorney General of the United 
States and who has been upon the Supreme Bench 
of the State— I refer to Judge Hoar— that the mat- 
ter is constitutional. It has been said that this is 
a thing without precedent. I suppose there is not 
a new thing that comes up but we must estiil)lish 
a precedent. It might as well have been said that 
the taking of the tolls off the bridges was without 
precedent; but they had to do it in order to keep 
up with the spirit of the age. From the earliest 
time.s 1 find that the establishment of ferries as a 
part of the public service has been recognized in 
this Commonwealth. The establishment of fer- 
ries as a part of the public provision for travel, 
and tneir legulation by public authority, has been 
recognized in thisCommoowealthfromitsfirstset- 
tlement continuously to the present day. It was 
recognized in the charter of 1641, in 1695, and In 
1760, and continued up to the present time. In 
tact, we find in the General Statutes of today the 
provision that the County Commissioners may 
establish terries between towns, and if it is found 
that there is uo one reaay to take those terries 
and run them, they may put the burden of sup- 
porting them upon the town; und even if any one 
is willing, it they deem it for the public conven- 
ience they may require the towns interested to 
pay the whole expense and carry the people over 
free. That same provision is repeated in the stat- 
utes of the year 1874 in chapter 265, and I find 
away hack in the ancient charters, in 1760, a pro- 
vision showing for how long a time this matter 
has been recognized in the Commonwealth. In 
the preamble of the act it is set forth that— 

"Whereas, There are several places within this 
province where country roads have been, or here- 
after may be, laid over nvpis which are not ford- 
able, some of them the whole year, others part of 
tne year, and where bridges cannot be erected 
without great cost and charge, and no persons 
will undertake to keeo ferries at such places" — 

And then it goes onto provide that an assess- 
ment for the maintenance of those ferries may be 
laid upon the towns. It has been a recognized 
principle in this Commonwealth to this time, and 
I suppose it is a well-established principle of law 
that when anything is established for the pnlilic 
use and by public authority, the Legislature may 
say how it shall be supported. I remember in 
looking over the testimony of the witnesses who 
appeared at the hearing on this subject some 
years ago, that there was not to be found a single 
gentleman who appeared at the hearing — though 
some people appeared for and some against — 
whether he lived in East Boston or some other 
part ot the city, if he had ever had anything to do 
with business in East Boston, and had ever been 
connected with the commerce of this city, and so 
knew something about the ferries, that that gen'- 
tleman was in favor ot removing the obstructions 
on those ferries, without a single exception. I 
leave it to you, gentlemen, if it is not rather igno- 
rance and prejudice that leads people to oppose a 
matter that stands so much upon its merits as 
this — a matter to which we are entitled 
in justice and principle. To show how 
strous is the feeling of the commercial classes 
upon this matter, when in 1877 this was first be- 
fore the City Council, it was found that nearly 
every shipping firm and every great transporta- 
tion firm and that all the people interested in 
business affairs signed the petition for the remo- 
val of the tolls upon the ferries. The petition 
contained five thousand names. It was claimed 
the other night that tliat petition has dwindled, 
but I have not seen the evidence of it. Those 
names were in print, and I might have said there 



59 



(JOM.]yLON OOCJISICIL, 



were twelve tbousand instead of seven, for tlier^ 
was afterwards a supplementary petition ot five 
thousand names. The first petition represented a 
hundred millions ot property. The gentleman 
has stated tbat it has dwindled. The only evi- 
dence i lia.ve of it is his statement; but I have on 
the other side the names of the petitioners who 
represent a valuation of a hundred millions of 
piorerty. The gentleman from Ward 9 has read 
from the excellent inaugural address ot his Honor 
the iVlayor, and implying that he is opposed to 
this measure. The gentleman must have forgot- 
ten that when bis Honor the Mayor occupied the 
chair or this city ie 1877 he was so firmly and 
strongly convinced that he could not be shaken 
from it that as a matter tf .-justice to East 
Boston, and for the prosperity ot this whole 
city, the obstructions should be removed 
from the East Boston ferries; and the gentleman 
who preceded him last year was ot the same opin- 
ion. The Alflerniieu, who have something to do 
with the whole city, are in the same category 
with the witnesses I have spoken of. Every one 
who has had anything- to do with the business of 
the city or the commerce of the city has been in 
favor of removing these obstructions from the 
ferries. One ol the Street Uommissioners, who 
long served in the Hoaro ot Aldermen and sat on 
the Coinmittfe on Streets, and was aiterward 
elected Street Commissioner, gave it as his opin- 
ion that those tolls should be removed because 
the people ot East Boston were just as much en- 
titled to a ftee avenue as any other .-ection of the 
city. When the subject of purchasing the fer- 
ries was brought up some years ago, it was on 
deavored to put on an amendment that tolls 
should never be abolished, and that amendment 
was rejected and the orrler was passed Viy a vote 
of 72 to 13. In 1872 the Board ot Aldermen took 
off the tolls upon foot passengers, and again in 
1877 they voted unanimouslv to abolish the tolls. 
The gentleman from Warct 10 says they uere 
afraid of their election. But the Committee on 
Ferries, selected from this branch and the 
Board of Aldermen, voted in the same 
way, simply l>ecau8e they looked into the 
matter and came to a aefinite under- 
standing of what thpy were doing. But I will not 
delay you longei-. There is much that I might say 
with reference to East Boston. But there are a 
few figuies to which I would call your attention. 
There' are four bridges to South Boston which cost 
$1,400,000. The widening of Atlantic avenue cost 
a million and a half dollars. The layii.g out of 
streets in the city proper has cost nine millions 
of dollars. The total cost of the East Boston 
ferries has been .§800,000. Yet no objection was 
made to making the bridges free or the laying out 
of these streets because of this vast amount of 
money involved. There have been expended in 
laying out streets in South Boston between seven 
and eight thousand dollars, and there have been 
laid out in East Boston for the same purpose 
something like .54000. 

Mr. Shepard's time having expired, the Presi- 
dent called him to order. 

Mr. Wolcott — If the gentleman has not com- 
pleted his remarks, I would move that his time be 
extended. S 

Mr. Shepard— I am much obliged, but 1 huve 
finished. 

Mr. Wolcott— If the gentleman has concluded 
his remarks, I desire to say a single word in reply 
to what he has said in regard to my remarks at 
the previous meeting of the Council. The gentle- 
man always attacks an opponent vigorously, but 
I don't suppose he intentionally misrepresented 
nae. I don't think he intended to do me an in- 
justice, but he has done so. Everybody knows 
that this has been urged on two distinct grounds. 
One is as a right, repeated over and over again 
)l>y the supporters of this measure ; the 
other is the secondary ground, in which they 
-take refuge when driven to the wall, that it is as 
raifavor. It was in the first aspect that I mention- 
ed (Deer Island, because i was not familiar with 
- theicharacter ot the inmates. I meant to say that 
, it is as it any resident of an island in the harbor 
should claim free access to the city. That is the 
. only point at which my remark was intended to 
be aimed. The matter then comes up with an en- 
tirely different aspect, and with an entirely differ- 
ent argument to support it, and it is simply like 
. any petition from any section of the«ity for a local 
1 improvement. It was to that argument I attempt- 
ed to address myself, and I think the gentleman 
will find nothing untrue in what I said. In 
regard to the petition put in two years ago, 1 



again reiterate what I said, and it does n't rest 
only upon my word. Eacts were stated at that 
time, two years ago, but not by me, which have 
never been denied to my knowledge. The fact 
which was stated then, and which I repeated the 
other evening, is that if this petition, said to rep- 
resent oue hundred millions of dollars, is care- 
fully scrutinized, it will not bear out tbat claim. 
The" Assessors furnished the figures at ninety 
millions, and thirty millions of tliat was the capi- 
tal stock of banks. Gentlemen here know that a 
president of a bank has no right to pledge 
the stock of his bank to such a peti- 
tion. It would be questionable if be has a right 
to do it by vote of his directors. And it is known 
that many presidents stated they had no idea of 
pledgiug the stock of their banks, but they signed 
it as individuals, and the office appended to their 
names was siropiy a description which would add 
weight to the petition by showing the standing of 
the signers. But there is oue thing that is more 
fallacious in regard to the petition. It was signed 
by the agents of transportation companies, 
railroads and other corporations whose interests 
are entirely at variance or independent of the in- 
terest of the taxpayers at large, and many ot them 
were not taxpayers themselves; but they were all 
counted in. Now, one word as to the number of 
names appended, about which so much has been 
said. I dou't doubt a very large number of names 
can be obtained for this petition, and I don't 
doubt a very large number of names was obtained, 
but I say the more it is eramiued the more it will 
shrink. It is a fact that the number of names irom 
East Boston was a quarter more than the whole 
number of registered voters in East Boston at the 
preceding municipal election, and more than 
double the number of votes cast at the election. 
Then as to the number of names presented from 
the city proper. It was stated then, and has never 
been denied, that forty per cent, of those were 
non-resiaents and non-voters and non-taxpayers. 

Mr. Rosnosky of Ward 16—1 call for the previous 
question. 

Mr. McGaragle of Ward 8—1 don't desire to pro- 
long the discussion, but I have simply a question 
to ask the gentleman who has just taken his seat. 
I would ask, as a matter of fact, if the inhabit- 
ants of Deer Island are not transported to and 
from the city free of expense? 

Mr. Wolcott— I believe, as a matter of fact, 
they are, and I presume that is a privilege 
which belongs to certain facts in iheir own condi- 
tion. But I don't suppose the condition of the cit- 
izens ot East Boston presents the same aspect, 
and therefore T don't think that the same right 
belongs to them. 

Mr. Stearns of Ward 24—1 didn't expect to 
.speak on this matter again. We have listened to 
an able plea from the gentleman from Ward 1, 
but I fail to see any argument in what he asks for. 
It is an able plea foi the benefit of one part of the 
city at the expense of the other. That is what he 
argues for. The question is upon the amend- 
ment, that it shall not be submitted to the citi- 
zens of Boston who have to pay for it. We were 
not chosen on that issue, and 1 don't think it is 
fair to press the matter in this way. I trust we 
will pass the amendment as we formerly had it. 

Mr. Mowry of Ward 11 — I wish to ask the gen- 
tleman from Ward 1 what are his reasons for not 
de>iring to refer this matter to the people? It 
seems to me his araument was borne entirely 
upon the policy of freeing the terries. Now, I 
wish to ask his reasons for objecting to the refer- 
ence of this matter to the people. 

Mr. Shepard — I thought I spoke of that matter 
both tonight and a week ago. My first objpction 
to a reference to the people is that it is a shirking 
of responsibility. We are sent here to enact 
measures, and" not merely to introduce 
measures and refer them back to the 
people. If that is all we have to do, we 
might as well be out of existence and the people 
to enact the measures in the first place. Again, 
it is no reason why it should go to the people be- 
cause it is not in accordance with the way we 
have doue business in the past. When matters 
have been decided before, we have not sent them 
to the people, and X fail to see a single argument 
to distinguish this in principle from any other 
measure which comes before the City Council. 
In reply to what the gentleman from Ward 11 
stated, I certainly was surprised to hear him use 
the words Deer Island at the last meeting. 
I am glad to hear him make the explanation, 
because I think he has too much fairness to class 
the citizens of East Boston with criminals and 



J A N U AR Y 30 



1879 



60 



paupers. As to this petition, £ should oe glad for 
any gentleman in the Council to read it and see 
whether the signers are not taxpayers. I am not 
able to go into the figures and refute what has 
been asserted by the gentleman. I gave what has 
been asserted by others, and I supposed they 
knew what they were petitioning for. Here is a 
copy of the petition, which was on each Alder- 
man's desk, and they had an opportunity to look 
it over. This is not dragged in nere as a sectional 
argument. I ask you to vote for it the same as we 
should vote to improve the South Boston flats or 
widen Commercial street, the same as we should 
vote for any measure which we believe should be 
for the good of the whole city. I ask that this 
matter may be taken out of the petty confines of 
section, and treated on broad grounds, and that 
the City Council will do not only an act of justice 
to East Boston, but also something that will put 
our fair city upon an equal footing with other 
cities in the race for commerce. 

Mr. Swift— The gentleman from Ward 1 has 
shown with much force and ability that it will be 
a great convenience to the people of East Boston 
to be carried over the ferries without tolls. I 
simply wish to call the attention of the Council 
to the fact that this is not the question before us, 
—whether it is for the convenience of the citizens 
of East Boston or not. The question is, whether, 
being for the convenience of East Boston, it is 
worth while for the citizens of Boston to be taxed 
to pay their fares ; and not only that, but the ques- 
tion is whether it is so clearly desirable that the city 
should pay their fares, that we should vote to do 
it whether the citizens wish for it or not. The 
reason for submitting this question to the citi- 
zens ot Boston is, that it is doubtful whether the 
citizens wish it, and it is a matter in which they 
are particularly interested. In order to vote for 
the amendment adopted by the Board of Alder- 
men, we must be convinced that it is so clear thai 
the citizens of Boston should be taxed .16175,000 a 
year to pay the fares on the ferries ot the inhabit- 
ants of East Boston, that we should adopt it 
whether the citizens and taxpayers and voters of 
Boston wished for it or not. 

On motion of Mr. McGaragle of "Ward 8, at 
twenty minutes before nine, it was ordered that 
the vote on this qustion be fallen at a quarter to 
ten, if not sooner reached. 

Mr. Brawley— The gentleman from Ward 24 has 
stated that he has listened to a very able plea 
from the gentleman from Ward 1 without finding 
any very logical argument. Then, sir, I would 
refer him to the speech made in the other branch 
by Alderman O'Brien. I would also call his at- 
tention to the statement made there on Monday 
last by the same gentleman, whose knowledge of 
the commerce of Boston is unsurpassed by any 
other gentleman in this city. He certainly has 
given us facts and figures enough for any gentle- 
man to make up his mind upon the question. The 
parties in opposition to the order as offered seem 
to harp on the fact that this matter should go to 
the people. It is the first time since 1 came into 
tbis Council that they have urged that any meas- 
ure should go to the people. The idea has been 
with the majority of last year to rush things 
through regardless of the people or of the peo- 
ple's representatives. This order asks that the 
act shall be sent back to us for its acceptance. 
The amendment was offered in good taith, 
and it the act goes through the Legis- 
lature and is accepted, you may rest 
assured that the gentleman who offered the 
amendment ottered it in good faith, and thac it 
will come back. We wont be deceived as we were 
last year, when we were told that the act for the 
Police Commission would come back to us. It was 
pushed through here, and that amendment was 
cut off. It was never intended to bring it back to 
us. But this year, if the order is passed by the 
Legislature, the act will come back to us, and 
then it will be time to argue the main question. 

On motion of Mr. Sawyer of Ward 24, it was 
ordered that the question be taken by yeas' and 
nays. 

Mr. Mowry of Ward 11— I would ask if the ques- 
tion is not first upon the motion of the gentleman 
from Ward 10? t understood him to introduce a 
motion to reject the amendment. 

Tlie President— The Chair is of the opinion that 
the motion is not in proper form. The question is 
upon concurring with the other branch in the 
adoption of the amendment. 

The Council concurred in the amendment — yeas 
41, nays 28 : 

Yeas— Messrs. Barry, Bowker- Brawley, Bunten, 



Cannon, Cavanagh, Chrisial, Costeilo, Denney 
Devine, Devlin, "C. F. Doherty, J. J.Doherty, J 
Boherty, Furlong, Hancock, Hayes, Hilton, Kel- 
ley, Kendricken, Kidney, Lauten, Locke, Lov- 
ering, Maguire, McGahey, McGaragle, McLaugh- 
lin, Morgan, Mullane, Murphy, O'Brien, O'Dowd, 
Pray, Rosnosky, J. A. Sawyer, Shepaia, Sibley, 
Sweeney, Taylor, Woolley— 41. 

Nays— Messrs. Anthony, Austin, Blakemore, 
Clapp, Coe, Colby, Dudley, Fisher, Greenough, 
Hart, Healy, Howard, Morrison, Mowry, Nason, 
Parkman, Perkins, Plimpton, Rust, H. N. Saw- 
yer, N. Sawyer, Stearns, Sweetser, Swift, Ward, 
Wheeler, Wolcott, Wyman— 28. 

Absent or not voting — Messrs. Brintnall, Brown 
—2. 

On motion, of Mr. Sweeney, the rule was sus- 
pended to enable him to make a motion to recon- 
sider, hoping it would not prevail. The motion 
to reconsider was lost. 

DIKEOTOK FOR PUBLIC INSTITUTIONS. 

A certificate came down of the election of John 
Taylor as director tor public institutions in nlace 
of Edwin Sibley, chosen by this Council. 

On motion of Mr. McGaragle of Ward 8, a bal- 
lot was ordered. 

Committee— Messrs. Lauten of Ward 14, Bowker 
of Ward 16, and Barry of Ward 22. 

On motion of Mr. McGaraele, the Council took 
a recess until the committee reported. 

Whole number of votes 69 

Necessary to a choice 35 

.John Tavlor 34 

Edwin Sibley 34 

James Devine 1 

There being no choice, on motion of Mr. Saw- 
yer of Ward 18, a second ballot was ordered. 

Whole number of votes 69 

Necessary to a choice 35 

.lohn Tavlor 35 

Edwin Sibley 33 

James Devine 1 

Mr. Taylor was elected in concurrence. 

UNFINISHED BUSINESS. 

The order providing for the ringing of the bells 
and displaying the flags on the Twenty-second of 
February was considered under unfinished busi- 
ness and was passed— yeas 65, nays 0. Sent up. 

PARK COMMISSIONERS. 

The fourth annual report of the Board of Park 
Commissioners (City Doc. 15) was received, and 
on motion of Mr. Parkman ot Ward 9 was re- 
ferred to the Joint Special Committee on Public 
Parks. Sent up. 
Receipts and Expenditures of the Department for 

the year 1878. 

Sack Hay Park Land Account. 
lioan authorized by "City Council of 1877, 

by order approved July 23, 1877 $450,000.00 

Additional appropriation by order of Feb. 

26,1878 16,000.00 

$4'66,000.00 

Expenditures. 
Payment for land purchased 

Dec. 29, 1877 $276,383.20 

Amount paid for land pur- 
chased m 1878 154,009.00 

Balance unexpended, Deo. 

31, 1878 35,607.80 

$466,000.00 

Hack Bay Park Construction Account. 
Appropriation by City Council, approved 

Feb. 12, 1878 §25,000.00 

Appropriation by City Council, approved 

.Tuly 3,1878 25,000.00 

$50,000.00 



The expenditures from this appropriation on 
this account to Dec. 31, 1878, have been as follows: 

Filling. 

Paid cartmen 
for 13,191 
squares fill- 
ing at $2.50.832,978.04 

Grading--Paid 
foreman and 
laborers 3,806.84 

Teams 156.00 

3,962.84 

Superintendence and 
measuring filling 2,139.50 

Engineering on account 
filling 168.00 

Portable build- 
ings for shel- 
ter, tools,etc. 
—materials. . 147.51 

Labor 82.91 

230.42 



61 



COMMON OOUNCIL, 



Wooden cul- 
verts under 




park en- 
trances and 
road — mate- 
rials 

Labor 


208.81 
164.50 



373.31 

Printing 204 67 

Tools and implements... 162.40 
Advertising on account 

eUing.... 133.40 

Superintendent's ex- 
penses and small Items 102.32 
Stationery 31.94 



Engineering. 

Surveys for land pur- 
chases ana boundarie8g2.2S7.00 

Expenses on account 
land surveys 55.5 



$4 0,486.84 



$2,292.57 



Plans and Designs. 
Hydrographic surveys.. . $115.00 
Expenses on account hy- 
drographic surveys 67.10 

Advertising on account 

plans and designs 127.88 

Drafting 44.50 

Mounting plans 19.75 

$374.23 

Balance unexpended Dec. 31, 

1878 , $6,846.36 

$50,000.00 

Oepartment Appropriation. 
Balance of department appropriation, Dec. 

31,1877 , $2,047.48 

Amount of department appropriation for 

the financial year 1878-79 6,000.00 



$8,047.48 



The expenditures tiom this aporopriation from 
Jan. 1 to Dec. 31, 1!»78, were as follows: 
Office and General Expenses. 

Salary of clerk $1,637.50 

Printing, including map 

of sixth report 469.86 

OfBce boy 236.00 

Stationery 64.38 

Maps and plans 10.75 

Washing windows and 

3.63 

2,422.12 



towels. 



Engineering. 

Surveys for land pur- 
chases and boundaries. $717.33 

Expenses on account 
land surveys 74.35 

Plans and Designs." 

Hydrographic surveys.. $394.12 

Expenses on account hy- 
drographic STirveys 76.22 

Prize tor park plan 500.00 

Landscape arcnltect's 
services 1,000.00 



$791.68 



Balance merging end of 
financial year, 1877-78 

Balance unexpended, 
Dec. 31, 1878 



$1,970.34 
7.37 
2,855.97 



;,047.48 



Park Nursery. Austin Farm. 
propriation by City Council, approved 
uly31, 1878 $2,000.00 



No payments have been made on this account 
<luring 1878. 

Income. 
Received from sale of mai sh grass and paid 

to City Collector on account city income. . $47.75 



./Summary of Receipts and Expenditures on ac- 
count of Back Ha-y Park Construction from Ju- 
ly 23, 1877, to Dec. 31, 1878.- 
Receipts. 

Balance of general appropriation 
for Park Department of 1876-7, 
carried forward by Auditor to 
1877-8 $2,159.92 

Appropriation for Park Depart- 
ment, Dec. 4, 1877 3,000.00 



$5,159.92 
Less balance merging 1877-8, 7.37 



,152.65 

Special appropriations, 1878 50,000.00 

■General appropriation for Park Depart- 
ment, 1878-9 6,000.00 



$61,152.55 



Disbursements. 

Filling $40,486.84 

Engineering 5,324.11 

Plans and designs 2,344.57 

Office and general expenses 3,294.70 



Balance unexpended Dec. 31. 

1878 9,702.33 

g61,152.65 

Receipts aotd Disbursements of the Department 
from the organization of the Board, Oct. 8, 1875, 
to Dec. 31,1878.- 

The total receipts less income and bal- 
ances merging, which return to the city 
as revenue, were $587,402.01 

The total expenditures to Dec. 31, 1878, 
were as follows: 

On account general plan of 
parks $8,249.46 

Back Bay Park Land ac- 
count 430,392.20 

Back Pa V Park Construction 
account 51,450.22 

Balance unexpended Dec. 31, 

1878 47 .310. 13 

$537 .402.01 

Sack Bay Park. 
The purchase of the lands selected for the Back 
Bay Park is completed, with the exception ot the 
following parcels: 

Alex. S. Porter 34,852 sq.ft. $3,485.20 

Geo. A. Simmons (Tr.) and 
Geo. B. Blake (Gdn.) 3.482 " 348.20 

Frederick Aver 66,255 " 6,625.50 

William Thompson heirs.... 39,853 " 3,985.30 

Boston Water Power Com- 
pany and others 173,897 " 17,389.70 

Boston & Roxbury Mill Cor- 
poration, a portion being in 
the sluiceways, and not to 
be paid for...". 57,397 " 3,000.00 

375,736 " $34,833.90 
The commissioners are advised that it is desira- 
ble to make a tormal taking, as provided in the 
act, of the lands within the Back Bay Park, so 
called, to confirm titles, ana they therefore rec- 
ommend the passage of an order autboiizing 
them to do so, which order will also enable them 
to take the above-mentioned parcels not yet deed- 
ed to the city. 

Park Filling. 
The following table, prepared by the City Sur- 
veyor, represents the superficial area now filled 
to the grade designated : 

Boylston entrance.. 20,276 sq.ft. Average grade, 14.0 
Westland " .. 88,800 " " " 15.8 

Parker Hill " .. 70,760 " " " 16.0 

Longwood " ..130,600 " " " 14,9 

310,426 " 
Park road, 

south cf 

Boylst'n 

entr'nce 94,000sq.ft. " " 15.3 

Park road, 

between 

Parker 

Hill and 

Longw'd 

ent'nces 57,200 "151,200 " " " 14.5 

Total filled 461,626 " 

The amount of material received from Parker 
Hill and other sources, aggregating over 100,000 
loads, is 105,528 cubic yards, or 13,191 squares, and 
that received from the Health Department is 57,- 
000 loads, estimated to be 88,664 cubic yards, or 11,- 
083 squares; a total of 194,192 cubic yards, or 24,274 
squares. 

About 9000 squares of earth have been taken 
from the bank at Parker Hill, and there is about 
the same amount of material remaining available 
for park tilling. 

The filling ot the park road parallel to Parker 
street having reached a point opposite the outlet 
of Stony Brook, a bridge was constructed from 
estimates and plans furnished by the City Engi- 
neer, and built under the supervision of that de- 
partment at a cost of f 592.80. 
Hlans for the Imp^ovemenl of Back Bay Park. 

Early in the year tee commissioners offered a 
prize of $500 for a plan for the improvement of 
the Back Bay Park. 

Some twenty plans were received, many of 
which had but little merit, while several were 
evidently the result of much study and profes- 
sional skill. The prize was awarded to Mr. Her- 
mann Grundel. 

Had the location been an ordinary tract of 
country, it would have been easy to have selected 
from these plans several sufficiently satisfactory 
lor the purpose; but the unusual conditions in- 
volved by a tidal flow on the one hand and the 
surface drainage ol an extensive watershed on 
the other, via Stony Brook, presented di£Eiculties 
which were not tully met by any plan offered. 



JA^^XJARY 30. 1879. 



6S 



The commissioners think it proper to say, in jus- 
tice to the autbois of these plans, that they did 
not themselves fully appreciate these difficulties 
at the time, and therefore are not surprised at the 
failure of the plans in these particulars, especial- 
ly as they have found the perplexities to grow 
more formidable as progress is made in the study 
of the premises. 

The commissioners have called to their aid Mr. 
Fred. Law Olmstead as landscape architect adviso- 
ry, and Mr. Joseph P. Davis, City Engineer, to 
whom they have committed tbe professional ques- 
tions involved in the premises, and upon which 
they are now at work. The results of this study, 
with approxi.nate estimates of cost, will be laid 
before your honorable body when completed. 
Stony Brook. 

The watershed of which Stony Brook is the out- 
let comprises an area of about 8000 acres. Arter a 
heavy rainfall, or the melting of snow upon a 
frozen ground, a large volume of water collects 
upon the meadows and bogs of West Roxbury 
and Roxbury, which reaches Charles River 
through the park by this brook, and, by reason of 
its limited capacity, slowly. For the thorough 
and rapid drainage of these meadows and bogs, 
for which the city must In time provide, unless by 
some other route, the bed of the stream must be 
enlarged; and, when this is done, the discharge of 
storm water into the Back Bay within a given 
time will be vastly increased. When this exces- 
sive discharge occurs at periods of high tides, as 
may happen during easterly storms, some pro- 
vision may be necessary to allow this large 
accumulation of water to be retained for a 
few hours in the park basin without inju- 
rious effects. A aeglect of proper precautions 
in this connection may cause a nuisance, and re- 
sult in damage to property. The commissioners 
would prefer to construct the park without refer- 
ence to this stream; but, as at present informed, 
they cannot escape the belief that, in the interests 
of economy and health, such a cours"? would be 
unwise. The plan of the park must therefore 
conform to conditions outside its borders. It 
should, however, be kept in mind that any ad- 
mission of these waters into the park must de- 
pend upon the thorough exclusion of all sewer 
matter from the stieain. The ordinary surface 
wash, though objectionable, may not be consider- 
ed a fatal element. The improvement of Stony 
Brook has been before the City Govercment dur- 
ing the past year, and the subject was referred to 
a joint committee. The Commissioners are not 
informed that a definite plan has been agreed 
upon, and would urge that action be taken and a 
plan adopted, at an early day, as a necessary pre- 
cedent to their own plans for the improvement of 
the park. 

Muddy liiver. 

Dming the past year, the subject of the disposi- 
tion of the waters of Muddy River has also been 
before the City Government, and was referred to 
a joint committee. 

The town of Brookline, in whose territory the 
river chiefly lies, also appointed a special commit- 
tee of its citizens, with authority to negotiate 
with the city in the premises, in as much as joint 
action on the part of the city and town is neces- 
sary. No progress has been made. It does not 
appear that any serious engineering diflBculties 
exist to prevent the accomplishment of this mutu- 
"ally important improvement; andtbe commission- 
ers urge that action be taken early in the cur- 
rent year to divert these waters into Charles 
River, by some route west of Brookline avenue, 
as a necessary antecedent to their work within 
the park, into which these waters now flow. The 
commissioners cannot consent to the admission of 
this river into the park, over whose headwaters 
the city exercises no control. 

Playgrounds. 

As an inevitable con?equence of the growth of 
the city, the Common is no longer a playground 
for boys. The youth have been removed, like the 
Indians of the counlry, steadily westward, and 
within a few years have been driven from their 
last reservation, the parade ground, into Charles 
street, whence they have scattered throughout 
the city upon any available private lots tempora- 
rily vacant. The loss of a' general and central 
playground, where the boys from all parts of the 
city can mingle and compete with each other in 
their sports, is a misfortune and deserves serious 
consideration. It is not wise to allow the youth 
of even one generation to grow up without the 
habit ot outdoor play, under the most attractive 
surroundings which the city can properly supply. 



If the men of today, whose play hours were 
spent upon the Common, do not feel the value of 
such opportunities as they enjoyed, sufficiently 
to provide similar or better ones lor the boys of 
today, it cannot be expected that these boys, when 
they in turn come to men's estate, will feel any 
greater responsibility in the premises. A public 
playground will then have become a tradition 
only. To compensate the rising generation — the 
future citizens of Boston— for their loss of the 
Common, there should be established a boys' 
park, to be used, under proper regulations, as a 
playground. 

The commissioners recommend that they be au- 
thorized to purchase not exceeding twenty acres 
of land in the location described in their report of 
1876 (City Doc. 42, p. 22), under the title of "Parker 
Hill Park," at a cost not to exceed 121/2 cents per 
superficial foot, the present valuation ot the bulk 
of this property as valued by the assessors for the 
assessment of taxes in 1878, or upon any other 
terms which your honorable body may think best; 
and that such portion of the whole area as the 
commissioners shall find to be anpropriate shall 
be laid out for the uses of a public playground. 

Tnis land was described in the report above re- 
ferred to as "an unimproved j)asture, with a few 
scattered trees; a plateau above the Tremont- 
streec quarries, on the northern slope and tear 
the base of the hill. Its surfaces are undulating, 
pleasing to the eye and not too steep for easy 
promenades, with 'an elevation sufficient to com- 
mand extensive view.^ of the city and adjacent 
country." Its location is peculiarly appropriate 
for a playground, being salubrious, accessible 
from Tremont and Parker streets, and by the 
proposed extension ot Huntington avenue, and 
will be free from the danger ot becoming an in- 
convenience to the neighborhood and the passen- 
ger traffic of the future. 

hussey Farm and .4niold Arboretum. 

In the Commissioners' report ot 1876, p. 35, 
retereuce was made to Bussey Farm and Arnold 
arboretum. 

The commissiotiers are informed that the in- 
come from the Arnold fund has fully or nearly 
accumulated as required by the terms of the will, 
and can hereafter be applied to the development 
of the arboretum upon some plan soon to be de- 
cided upon. During the past summer Mr. F. L. 
Olmstead has, under tbe direction ofsihe corpoi'a- 
tion of Harvard University, prepared a survey of 
and ijlan for the entire Bussey estate, which not 
only provides for the peculiar requirements of a 
scientific arboretum, but also for the laying out 
of drives and paths in a way to display to advan- 
tage the varied and extraordinary natural beau- 
ties of the locality. It is to this latter feature of 
the plan that the commissioners, through the 
courtesy of the college committee in charge, have 
given attention, as having especial interest to the 
city in connection with its general park scheme ; a 
consideration, apparently.which Mr. Olmstead had 
prominently in mind in his treatment of the work. 

To carry out this plan in the best way, it is de- 
sirable to acquire about twenty acres of low and 
inexpensive adjacent lands. The university is re- 
stricted from buying additional lands or building 
driveways by the terms of the incienture under 
which it holds the Arnold bequest, which recites: 
"As the entire fund, under the best management 
and with the greatest economy, is barely sufficient 
to accomplish the proposed object, it is expressly 
provided that it shall not be diminished by sup- 
plementing any other object, however meritorious 
or kindred in its nature." 

The commissioners, therefore, suggest that the 
city should buy these twenty acres, and transfer 
the control and embellishment of such portions 
as are not required for driveways to the univer- 
sity, taking in exchange the use of other lands 
within tbe estate for its purposes. 

The advantages to the city of a joint arrange- 
ment with the university are easily understood. 
Without any outlay for the purchase of lands, ex- 
cepting the above-mentioned twenty acres, and 
for the cost ot building driveways and paths, as 
required from time to time, and policing the 
same, the city will substantially acquire for its 
citizens the enjojment ol this fine estate of more 
than three hundred acres, which is to be constantly 
improved and embellished by the scientific culti- 
vation of an almost endless variety ot trees and 
plants, the cost of which is to be defrayed from 
the income ot Mr. Arnold's noble bequest. It is 
not too much to say that no such extraordinary 
opportunity was ever before within the reach of a 
city. 



63 



COMMON COUlSfCTL 



The commissioners are o£ the opinion that the 
authorities of the university are ready to coop- 
erate with the city in adopting a plan for laying 
out the estate, by which the citizens shoulel en- 
joy the use of certain portions for driveways, 
walks, etc., provided sufficiently stringent agree- 
nients are made hy which the trusts imposed 
upon the university are properly protected. 
Should the designs herein expressed meet the 
approval of your honorable body, the commis- 
sioners recommend that they be authorized to 
enter iinto a convention with the government of 
the university for the purposes above indicated, 
to perfect the scheme in other ijarticulars, and 
to present the same to the City Government lor 
its adoption or otherwise. 

Kespectlully submitted, 

Charles H. Dalton. 

Wm. G-ray, Jr. 

Charles S. Storrow. 

Commissioners. 
Boston, .lan. 27, 1879. 

SEWERS. 

The annual report ot the Superintendent of 
sewers (Citv Doc. No. 000) was received and sent 
up. 

The amount expended during the year has been 
S>138,043 73. Following are the miscellaneous ex- 
jjenditures: 

Stony Brook, labor on §412.01 

" contract, suit settled 2,485.78 

Balances on old contracts 515.59 

Land damages 475.00 

Dredging docks 290.00 

Analyses of sewer gas 292.80 

Work for other departments, etc 1,026.95 

Inspection of house connections 1,902.47 

Repairing sewers 14,393.80 

Cleaning sewers 11,002.26 

Repairing streets 473.29 

Tools and blacksmithing 1,720.07 

Teaming 306.09 

Printing and stationery 323.50 

AVater rates 250.00 

Horse-keeping 498.67 

Committee expenses 238.00 

Salaries and office supplies 9,685.49 

Total miscellaneous expenses j?46,291.77 

Following is a recapitulation ot the work done 
by the department during the year: 

Citv Proper— 4033 feet $19,415.93 

" " 38 catch-basins 4,281.77 

South Boston— 889 feet 790.90 

" " 18 catch-basins 1,414.87 

East Boston— 3362 feet 5,126.25 

" " 4calch-basins 300.44 

Charlestown— 3628 feet 10.398.96 

" 37 catch-basins 3,660.08 

Dorchester— 7426 feet 18,429.28 

" 7 eatcli-basins 719.90 

Roxbury— 1906 feet 3,058.84 

36 catch-basins 3,233.73 

West Roxbury— 3400 feet 8,488.53 

" " 8 catch-basins 1,271.96 

Brighton— 4782 feet 10,729.42 

5 catch-basins 433.90 



i29,426feet, costing 876,437.31 

Totals ; 153 catch-basins 15.314.65 

(Miscellaneous expenses 46,291.77 



8138,043.73 

The whole length of ,-ewei.< in the ciry is now 
about 185 miles. 

Assessments have been levied by the Board of 
Aldermen, and bills sent to the collector to the 
amount of 5544,188.02. 

The collector has received during the year from 
assessments, $35,209 88. 

During the year 1370 permits have been given to 
construct or repair house connections, and 1800 
loads, equal to about 4000 cubic yards of sewage 
matter, have been removed from the sewers. 

An exneriment was made at the beginning of 
the year to determine whether the new intercept- 
ing sewer would lower the soil-water upon the 
Back Bay. The Berkeley-street sewer was kept 
constantly pumped night and day for fifty-two 
days, so as to produce the same effect upon it as 
will be obtained by its continuous discharge into 
the intercepting sewer. Advantage was taken of 
this experiment to determine, if possible, whether 
the change in the flow of the sewer caused a cor- 
responding change in the constituents of the air 
within it, and also to determine and place on rec- 
ord a series of continuous analyses of sewer air 
tor future comparisons. This matter was in- 
trusted to Professor W. Ripley Nichols of the In- 
stitute of Technology, in whose laboratory the 
analyses were made under the most favorable 
conditions for accuracy. They are described in 



his report, which is herewich submitted. It is 
proposed to continue the observations, at inter- 
vals, for a few years, and until after the inter- 
cepting system is in operation. 

Respectfully your obedient servant, 

W. H. Bradley, 

Supt. of Sewers. 

PETITIONS PKE.SENTED. 

By Mr. Brawley of Ward 19— Petition of Frank 
J. McCarty, tor compensation for injuries re- 
ceived. Referred to the Joint Committee ou 
Claims. Sent up. 

By Mr. McGaragle of Ward 8— Petition of the 
Mercantile Wharf Corporation, for leave to erect 
a building on Mercantile street. Referred to the 
Joint Committee on Surviey and Inspection of 
Buildings. Sent up. 

By Mr. Colby of Ward 18— Petition of H. W. 
Boutwell, for compensation for services while a 
police officer in the city of Boston. Referred to 
the Joint Committee on Claims. Sent up. 

By Mr. Mowry of Ward 11— Petition of Zelpha 
E. Thayer, for compensation tor personal injuries. 
Referred to the Joint CommiitPe on Claims. Sent 
up. 

REPORTS OF NOMINATING COMMITTEES. 

Sundry reports were received from joint special 
committees to nominate city officers, as given be- 
low. The reports were severally accepted and 
sent up, and the nominations were laid over under 
the rule. 

By Mr. Mowry of ^ard 11— Recommending the 
reelection of Alvah H. Peters as City Messen- 
ger. 

By Mr. Nason of Ward 17— Recommending the 
reelection ot Joseph P. Davis as City Engineer. 

By Mr. Stearns of Ward 24— Recommending the 
election of Robert W. Hall as Superintendent of 
Public Lands. 

By Mr. Lovering ot Ward 4 — Recommending the 
election ot William F. Davis as Water Regis- 
trar. 

By Mr. McGahey of Ward 7— Recommending 
the election of Thomas W. Davis as City Sur- 
veyor. 

By Mr. Kendrlcken of Ward 20— Recommending 
the election of William H. Lee as Clerk of Com- 
mittees. 

assessment and COLLECTION OF TAXES. 

Mr. Kidney of Ward 6 submitted the following : 
The Joint Standing Committee on Assessors' 
Department, to whom was referred so much of 
the Mayor's address as relates to the assessment 
and collection of taxes, having considered the 
subject, would respectfully report that in their 
opinion it is Inexpedient to make any change in 
the ordinance regulating the assessment and col- 
lection of taxes to take effect during the present 
year. The committee, however, recognize the im- 
portance of the subject, and after further con- 
sidering the same, may report later in the session, 
so that in case any changes in the above ordi- 
nance are recommended, the City Council will 
have ample time to consider their expediency. 
Accepted. Sent up. 

PROPOSED TUNNEL TO BAST BOSTON. 

Mr. Colby of Ward 18— By the action of the 
Council this evening, I am convinced that they 
mean free ferries. 1 had intended to offer an 
amendment to tbe oiiler as originally offered, but 
as I did not have ;in opportunity to do it, I now 
desire to offer this order: 

Ordered, That his Honor the Mayor be request- 
ed to petition the General Court for the passage 
of an act giving to the Board of Aldermen of the 
city ot Boston the right to locate and construct a 
tunnel with two roadways between Bast Boston 
and the city proper. 

I am in favor of economy, and it is my opinion 
it is not economy to have free ferries. If we free 
the ferries, it will necessarily cost the city five 
millions of dollars. It we construct a tunnel 
between East Boston and the city proper the ex- 
pense will be only two million five hundred thou- 
sand. Therefore, in the Interest of economy I 
hope the order for a tunnel will pass. 

Mr. Morgan of Ward 15— Probably this order is 
a good one audits purpose is to do good to the 
people of East Boston in their transit to and 
from the city proper. It is introduced on the 
gentleman's part as a matter of economy, but it 
is something that involves the expenditure, as he 
says, of something like two millions of dollars. 
As it is a matter of so grave importance I move 
it be specially assigned to next Thursday evening 
for general discussion at half-past eight. 

Mr. Shepard of Ward 1— I don't desire to say a 
word for or against that order ; but I want to con- 



J A JN U ARY 30 



ia79 



64r 



tradict the statement of the gentleman who of- 
fered it, that the cost of free ferries will be five 
millions of dollars. I do contradict that. More 
than that, I want to say that the running; cost 
only would be lost by the freedom of the ferries, 
which is $175,000, and even that would not be lost 
if we were not charged with the expense of 
paving, lighting, cleaning the snow and keeping 
in order all the avenues which lead down to the 
ferries and which are really streets. If those 
things were taken out and paid for as the care of 
street? is generally paid for, the cost of runcing 
the ferries would be reduced 331/3 per cent. 

Mr. Colby of Ward 18— It is merely a matter of 
arithmetic, in which the gentleman from Ward 1 
and myself bave had some experience. I have 
stated the cost to be Ave millions of dollars, and I 
am ready to verify that statement witli figures. 
But if tbe order is going over to next meeting, it 
is not wortb while to take up the time now. J'he 
freeing of the ferries will cost $175,000 a year, and 
I would like the gentleman to compute that as the 
interest on the specific t-uui and see him make it 
anything less than five millions. 

Mr. Parkman of Ward 9—1 hope the motion to 
specially assign to the next meeting will not pre- 
vail. Next Thursday eveiiing is Feb. 6, which is 
one day after the day in which new petitions 
may be presented in the House of Representa- 
tives, and that has been used as a great argu- 
ment several times for two or three weeks why 
this matter of free ferries should not be post- 
poned. If it is postponed to next Thursday even- 
ing it cannot come before the Legislature at all 
this year. I therefore hope the motion to assign 
will not prevail. 

Mr. Barry of Ward 22 — I hope the motion to as- 
sign will prevail. We have been bored this even- 
ing by the East Boston feiries, and if we are go- 
ing to be bored any more by the tunnel I don't 
think we can endure it. If I understand it the 
gentleman comes in here and tells us it is a mere 
bagatelle of two millions of dollars I presume 
he is a lawyer, and I suppose he may be a 
scientific mab, but he has given us no facts 
or figures to show the truth of his asser- 
tion. Everybody ought to know all the 
facts, and we should have them before the Coun- 
cil before we sanction the matter going to the 
Legislature. We ought to know what we are 
voting upon and what we are going to ask the 
Legislature for. Whereas, if we pass the order 
this evening we would ask the Legislature for 
something we don't know anything about. 

Mr. Colby — I intended to state that the figures 
I gave, $2,100,000, came from one of the^best 
hydraulic engineers in the city of Boston. 

Mr. Brawley of Ward 19—1 am somewhat sur- 
prised to learn that we have voted to tree the 
East Boston ferries. I don't understand that any 
such order was su' mitted to this Council, and I 
aon't think it was. 

The President — 1 he Chair must call the gentle- 
man to order for not giving reasons for the spe- 
cial assignment. 

Mr. Brawley of Ward 19— My reason for wishing 
it not to be specially assigned— it is perhaps' 
difiicult to confine one's self to a question which 
has been i-ubmitted when calling the attention of 
the Councilto the original order — is that the order 
as originally offered was that the Mayor should 
petition the Legislature to jilacethe control of the 
ferries in the hands of the Board of Alder- 
men. I don't imagine that the poople of 
East Boston are any nearer to free ferries 
tonight than they were last Thursday night. I 
don't imagine that the Board of Aldermen, 
if this act should pass the Legislature and be 
sent back to us for acceptance, will free the 
ferries this year, and when the question comes up 
for freeing the fei ries that will he time to submit 
a more economical measure. It is possible that 
the running of a tunnel to East Boston would be 
more economical than the freeing of the ferries, 
but I think it would be time enough 
to introduce that question when the subject of 
freeing the ferries would come before us. 1 have 
no objection to the order, and no objection to 
specially assigning it, and no special reasons for 
voting against the assignment; but I think a 
measure of that kind, which is going to cost a 
considerable amount of money, should be re- 
ferred to a committee, and very careful estimates 
made and submitted to the City Council. I don't 
think any time would be lost in so doing. 

Mr. Parkman of Ward 9—1 hope this motion to 
specially a.s.sign will not prevail, because we 
might as well postpone it for six months. We 



have important business coming before us next 
Thursday, and we don't want the citizens of East 
Boston to vote against a means of free access to 
the city. 

Mr. Barry— The gentleman from Ward 9 labors 
under a mistake. Although the 11th of February 
is the limit of lime, the House can vote to sus- 
pend the rule, and as we have a very economical 
House this year, they will undoubtedly take action 
on this matter. 

The motion to specially assign was declared 
carried. 

Mr. Colby doubted the vote and called for the 
yeas ana nays, which were not ordered. 

The question was taken again, and the ordpr 
was assigned to 8.30 at the next meeting. 

BADGES. 

Mr. McGaragle of Ward 8—1 desire to offer an 
order that wili not trouble neopie to go to the 
Legislature, tor there are not two millions of dol- 
lars in it. I see my friend anticipates it, and I 
will therefore offer the annual wrangle. 

Ordered, T'hac the Board of Police Commission- 
ers be requested to appoint the members of the 
Common Council police officers without pay, and 

that Messrs. be a committee to procure 

suitable badges; the expense attending the same, 
not to exceed five dollars per badge, to be charged 
to the Contingent Fund of the Common Council. 

the question was upou giving the order a sec- 
ona reading. 

Mr. Healy of Ward 10 moved that the subject 
be specially assigned to next Thursday night. 

Mr. McGaragle — I simply want to say to the 
gentlemaij opposite that there is no need of mak- 
ing that motion, as the order goes over under the 
rules. I have no desire to press it to a vote to- 
night. I want to give members time to ihink 
over it, as it don't go to the Legislature and don't 
involve two million two hundred thousand, and 
we need n't trouble ourselves about the East Bos- 
ton tunnel or anything else. 

The order went over. 

NEW COURT HOUSE. 

Mr. Bunten of Ward 8 offered an or der— That 
the Committee on Legislative Matters on the part 
of this branch be requested to appear before the 
legislative Committee on the Judiciary and ad- 
vocate the passage of the bill conferring upon the 
City Council the powers and duties now vested in 
the Board of Alaernien under chapter 266 of the 
acts of 1852, in relation to taking land for a Court 
House in the city of Boston. 

Mr. Bunten— My reason for offering the order is 
that Mr. Jenkins of Boston has presented a bill in 
the Legislature similar to the order offered by the 
gentleman from Ward 15 last Thursday evening, 
and I think that if we empowered the Committee 
on Legislative Matters to appear there and advo- 
cate the bill, they will probably report in favor 
of it. 

The order was passed to a second reading and 
read a second time. 

The President— The Chair notices one error in 
the order. The date of the chapter is not 1852. It 
must be 1867 or something near that. I presume 
it is intended to be a copy of the order offered the 
other evening. 

Mr. Coe of Ward 23—1 would like to inquire if it 
is not practically the same order adopted here the 
other evening, and which was indefinitely post- 
poned by the Board of Aldermen. 

The President— The Chair is of the opinion that, 
under previous ruling, it is not. The order will 
be read from the record. 

The President read the order offered at the last 
meeting, in which the chapter was named as of 
1867, instead of 1852, and Mr. Bunten's order was 
amended accordingly. 

The President— The object of that order was 
clearly to request his Honor the Mayor to petition 
for the passage of an act, and the present order is 
in terms to instruct the Committee on Legislative 
Matters on the part of this branch to appear be- 
fore the Judiciary Committee and advocate the 
passage of an act. The Chair is of the opinion 
that the two orders are totally different in form. 

Mr. Coe— This is a matter of considerable im- 
portance. 1 don't supppse we are sufficiently 
posted to pass upon it tonight, and I move that it 
he specially assigned to next Thursday evening at 
nine o'clock. 

Mr. Morgan of Ward 15—1 hope the motion to 
specially assign|to next Thursday evening will not 
prevail. I introduced an order at the last meet- 
ing requesting the Mayor to petition the Legisla- 
ture to repeal certain sections giving power to 



65 



COMMON COUNCIL 



the Board ot Aldermen to locate and build 
a Court House. My object was to place 
that power in the hands of both branches 
of the City Government. I beiieve that every 
aentlenian who will investigate the matter will 
bear me out that that order was designed for an 
economical purpose, in order to prevent the build- 
ing ot a Court House at present. It has been well 
said at a previous meeting in this chamber that we 
nave almost reached the limit of our indebtedness, 
and to incur an expenditure of several millions ot 
dollars would put the city in a precarious posi- 
tion. Since that order was prdseoted by me, Mr. 
Jenkins ot Boston has introduced a bill in the 
Legislature with provisions similar to the order. 
It is true that at their last meeting the Board of 
Aldermen contemptuously set aside that order by 
indefinitely postponing it. We purpose to do 
everything in our power to check expenditures 
of the public money for a Court House unless, 
having the privilege of appropriating money, we 
also have the privilege of saying when and where 
it shall be located and built. If the mem- 
bers present will consider the matter carefully, I 
think they will see which is the judicious course 
tor us to pursue. If this is to be before the Legis- 
lature, the Board of Aldermen will probably in- 
struct .«omebody to look after their interest; and 
if we instruct some one to represent our interest 
we shall have gained a great point. 

Mr. Mowry ot Ward U— It seems to me this is 
rather a singular motion to instruct our Legisla- 
tive Committee to do certain things. I assume 
that our Legislative Committee is going to do its 
duty, and. that they will appear and look after the 
interests of the city. I think the passage of this 
order would be a reproach upon that committee. 
If we pass a motion to instruct them I think it 
will be a reflection upon the committee. 

Mr. Wolcott of Ward 11 — I should like the gen- 
tleman who introduced the order to say why he 
limits the operation of it to the members of the 
committee on the part of this branch. If the act 
is to be passed I think the whole Legislative Com- 
mittee representing both branches of the City 
Government should appear. I consider the entire 
order unnecessary in its present condition, and in 
its present form I consider it improper. 

Mr. Colby of Ward 18—1 don't think the order is 
at all necessary. The Board of Aldermen of the 
city of Boston are the Count}- Commissioners, 
who have power to locate and build a Court 
House. But The city of Boston is not the county 
of Suffolk, and I cannot see any good reason why 
the Common Council of Boston should have a 
voice in this matter any more than the City Coun- 
cil of Chelsea or the Selectmen of Revere. 

Mr. McGaragle of Ward 8— While this discus- 
sion was going on I was trying to find some of 
the proceedings of last year. 1 am sorry to see 
that so many gentlemen in the legal profession 
are absent-minded tonight. It is well known that 
last year the Board of Aldermen passed an order 
to locate a Court House in the city of Boston, and 
it was sent to this lnanch for ooncurience. 
The members of tli- Government leel much 
aggrieved at the location and also at the 
cost. After a lengthy debate in this branch 
some members of the Common Council were se- 
lected as a committee of five, of which I was one, 
and the question was recommitted and sent back 
to the Board of Aldermen for concurrence. This 
special committee of five was instructed to have 
a hearing and report the facts in the case, and 
also the facts that they might tin i in regard to lo- 
cating a Court House in any other place than that 
adopted by the Board of Aldermen. That order went 
back to the Boai d of Aldermen, and we were sum- 
marily snubbed. We were told that we had no 
right upon the committee except by courtesy. A 
communication to that effect came back to this 
branch of the Government, and I can remember 
with what indignation some of the legal gentle- 
men rose in their seats and resented it. And then 
and there not a member of this branch oE the 
Government attended a hearing or would go near 
it. They thought it would be beneath their digni- 
ty to go there and listen to the statements and not 
have any voice in the matter. Now, sir, this same 
measure has come up this year. But behold, the 
sentiment of the legal fraternity in this Board has 
changed. Some of the gentlemen were on the 
committee. One of them was very anxious that 
he should have a voice in this location of the 
Court House. But it seems that the majority in 
the Council has changed and they don't have such 
a desire to maintain the dignity of this body as 
they did when they were in the majority. I don't 



believe in infringing upon the rights of the Board 
of Aldermen, but I don't want gentlemen to get 
up in their seats, and because they happen to be 
in the minority, throw cold water upon any meas- 
ure, when they tried to do the same thing last 
year, and were snubbed in the other branch. I 
don't know as I want to do anything against this 
order. Certainly, it the gentlemen had any sin- 
cerity in their action last year, they would vote 
for this order tonight. 

Mr. Coe— I would like to call your attention to 
the Joint Rule and Order No. 6. It reads— 

"The representatives of the two branches of the 
City Council shall not ace by separate consulta- 
tions." 

I should like to get the Chair's ruling as to 
whether we have a right to instruct the joint 
committee i'> the manner proposed. 

The President— The Chair is unable to see the 
specific point raised by the gentlem«n from Ward 
23 in regard to the sixth joint rule. If he will ex- 
plain his point more particularly the Chair will be 
happy to rule upon it. 

Mr." Coe— I asked for the Chair's explanation. 
It seems to me the rule is very specific. It we 
commence in this way, it seems to me we can in- 
struct our committees, in which we are represent- 
ed jointly by the Board of Aldermen, to do any- 
thing. If we enter upon that, there will be no 
end to it We could instruct the committee on 
the part of this branch on Public Parks to do 
certain things, and we could go on ad inUnitem, 
and the passage ot such an order as this would 
add greatly to the confusion that will exist. I 
make the point that it is contrary to the rule. 

The President— The Chair is somewhat in doubt, 
but still is of the opinion that it would be unwise 
to instruct the committee under those circum- 
stances. He thinks that the point raised by the 
gentleman from Ward 23, if not certainly well 
taken, is so well taken that he would not decide 
against it. 

Mr. Coe— Then I would withdraw the motion to 
Specially assign and would mov>^ to indefinitely 
postpone the order. 

Mr. McGaragle — I hope that motion w'U not 
prevail. I have been very busy lookiog after 
these minutes, and I just happened to get hold of 
them. It may enlighten the gentleman to hear 
what Mr. Crocker said on this subject last year. 

[Mr. McGaragle read the remarks of Mr. Crocker 
on act 3, 1878, from page 561 of the proceedings, 
and then continued] — 

I think I have read enough to show the feeling 
on this matter last year. I don't know but it is a 
delicate matter to pass this order, for it is cer- 
tainly a slur upon the other branch. But if the 
members consider the action of the other branch 
last year, I thiuk they will be justified in a small 
degree in passing this order. 

Mr. Wolcott of Ward 11 in the chair. 

Mr. Barry of Ward 22 — While it is immaterial to 
me whether the measure passes or not, it seems 
to me tbe point of the gentleman from Ward 23 is 
nut well taken. If I mistake not, the rule cited by 
the gentleman from Ward 23 refers to a joint 
committee, that they si>all not hold separate con- 
sultations upon matters referred to them. But 
this body proposes to select a committee to take ac- 
tion upon a matter which has not been referred to 
a joint committee, which they have an undoubted 
right to do. 1 am surprised to hear the gentle- 
man from Ward 23 raise that point. It is so plain 
I supposed all the members understood it. The 
right to appoint a special committee on any sub- 
ject is one that undoubtedly prevails in thfs and 
every other legislative body. 

Mr. Whitmore of Ward 12-1 will take up as 
little time as possible in this matter, and I desire 
simply to say to the Council that this order which 
has j list been read and is now under considera- 
tion, seems to be faulty in form, in so far 
as it requests a portion ot a joint com- 
mittee to act in this matter, and after the point 
was raised by the gentleman fromWard 23, 1 thmk 
the members will generally concur with me, ihat 
so long as we have a simple remedy it will be use- 
less to make such a seeming breach of our joint 
rule. The whole question seems to come up in this 
way. I remember to have read the debates in the 
Council and I understand it was the unanimous 
opinion of the members of this Council, Democrats 
as well as Republicans, lawyers as well as lay- 
men, that the Board of Aldermen held a power 
which might well be held by both branches. The 
Common Council sent up a proposition for a 
joint coicmittee, and were told that a condi- 
mittee of the Aldermen was enough, but if 



JANUARY 30, 1879 



66 



the coinmittee on the part of tbe Gouncil would 
like to take seats at the hearing; they could 
do so. 'I'he gentlemen on the committee from 
this branch, headed by Mr. Crocker ot Ward 
9, declined to take seats at the hearing on 
those terms. Now, sir, the Common Council has 
desired to exercise tho#e powers, if it is necessary 
to do so. There is no way by which that power 
can be taken trom the Board "of Aldermen, except 
by the passage of an act by the Legislature; and 
it is perfectly useless to imagine that the Boai-d 
ot Aldermen will ever give up any power to the 
Council which tney now have. I speak trom my 
experience ot three years ago, and I sup- 
pose it is the experience ot every gentle- 
man here thai, as a rule, every "exclusive 
body holds on to its powers as long as 
it can. It is very rare for such a body to delegate 
its powers to the more popular branch. At all 
events, it seems to me the gentleman took the 
proper course at the last meeting. We sent up 
an order for a joint committee to consider the 
matter, but without giving it common cour- 
tesy it was laid upon the table on motion 
of a gentleman who was chairman, last year, 
ot the committee which had charge of the 
matter of a new Court House. Now, sir, I don't 
know whether it is desirable for the Council to 
exercise those powers; but I wish to suggest to 
you whether it is n't best to send up this request 
to the Legislature that the Council, may receive i 
certain portion of this power. I might enlarge 
upon the fact that tbe Board of Aldermen have 
held this power tor a number of years aud have 
done nothing with it. It may be an 
anomaly for the Board of Aldermen to 
hold such powers and not use them, but 
I fall back upon the proposition to remedy this. 
If you propose to act in this matter, I propose as 
a substitute a resolution : That, in the opinion of 
this Council, it is desirable that the Common 
Council should be intrusted with coequal 
powers with the Board of Aldermen in 
relation to the act referred to. I would 
not for a momecS; chiok it necessary to 
instruct members of a joint committee to go up 
there and make a statement. If the Council 
wish those powers I would suggest that we pass 
a resolution on the part of this branch, that if a 
nortioo of those powers should be intruatea to 
the Council, I submit that as a substitute to the 
order which it seems to me is defective as it now 
stands. 

The Chair— Will Mr. Whitmore reduce the res- 
lution to writing? 

Mr. Wnitmore reduced his motion to writing as 
follows: 

"Resolved, That it is the opinion of the Com- 
mon Council that this brancu should have con- 
current powers with the Board of Aldermen in re- 
gard to the purchase of a site for the Court 
House." 

Mr. Healy of Ward 10— I move t) amend that 
resolution by adding, after the words Common 
Council, the words, "City Council of Chelsea and 
the Selectmen of Revere." 

Mr. Whitmore- My impression is — arwl if I am 
wrong, I desire that the gentleman will correct 
me by reference to some statute— my impression 
is very strongly that the city of Boston has to 
pay the whole bill. The words of tbe act are that 
we shall take land for a Court House, and the city 
. of Boston alone is liable for the expense. I un- 
derstand that the Board of Aldermen are the only 
persons who are to erect a building. Al- 
though I am perfectly willing to amend this by 
accepting the amendment to give the Mayor con> 
current powers, as I think he should have the 
same authority in this case as he has in other 
matters, and I would offer that as an amendment. 
Unless the gentleman can show that the Mayor 
and City Council of Chelsea are entitled to a voice 
in the purchase, I should object to the amend- 
ment. 

Mr. Mowryof Ward 11— I hope this resolution 
will not pass. It seems to me a novel mode of 
proceeding. We have a Legislative Committee, 
which is, of course, to act for this body. If we de- 
sire certain cocSrdinate powers with the Board of 
Aldermen, it is easy to instruct our Legislative 
Committee to appear and demand such powers. 
Now, it seems to me that this resolution is of very 
little importance. If we were passing a series of 
resolutions applicable to our Committee on Legis- 
lative Matters and instructing them to attempt 
to get through the Legislature certain acts, we 
might accomplish something tangible. But it 



seems to me that to pass a resolution of this kind 
will be null and of no effect. 

Mr. Whitmore — I will make one more remark, 
and I trust it will be final. As a member of the 
Legislative Committee I should not be willing to 
take action in a coriimittee in which members of 
the Board of Aldermen were sitting if the subject 
concerned the dignity of this body. It does seem 
tome proper that the members of both boards 
should be called upon to shoulder the responsibil- 
ity of a subject which the members of this 
branch are to consider. Tbe point is that 
the Board of Aldermen have certain powers, and 
it is or is not the wish of the Council that those 
powers should be shared equally by both branches 
of the City Government and the Mayor. We don't 
want the Board of Aldermen to express an 
opinion upon it. We have given them an oppor- 
tunity, and they have refused. It seems unneces- 
sary to court a second rebuff of this nature. 
It is simply an opinion ot this Council, 
and it will 'not be submitted to the Board 
of Aldermen; and neither does it require 
any member of this body to go and make a state- 
ment to the Legislature. The members ot the 
Legislature will probably read the report of our 
proceedings, and there need be no clashing. But 
it does seem to me, after reading the proceed- 
ings of last year, that the action of some mem- 
bers seems strangely inconsistent. If there 
was a member of this body who was a 
strong member of the majority last year, it 
was Mr. Crocker, and by the report of his 
published speeches, he felt strongly the outrage 
upon the rights of the Common Council, wbich 
bad been tnrown aside because the Legislature 
had passed certain acts. Now, this matter comes 
before you for the proper expression of an opin- 
ion. I hope gentlemen will not shove it aside, 
but express the opinion of the Common Council 
that we, with tbe Mayor and Board of Aldermen, 
Should have certain powers conferred upon us 
which are now enjoyed alone by the Board 
of Aldermen, and by which that Board, 
by vote passed in five minutes, can sad- 
die upon the city a, debt amounting to 
a million and a half of dollars. The power of 
the Board of Aldermen in this matter is very 
great, and if they should pass a vote expressing 
it, and taking land for a Court House, there isino 
possible way in which it can be reconsidered or 
revoked, and every property-holder is enabled 
thereby to establish a claim against the city of 
Boston for the full value of his land. It seems to 
me that the '.viayor of Boston at least ougnt to be 
allowed to exercise the same veto power in this 
matter that he does in others. 

Mr. Brawley of Ward 19— The amendm<int to 
add tbe words "City Council of Chelsea and the 
Selectmen of Revere" is an enlargement ot the 
Idea of submitting things to the people. I hope 
the gentleman from Ward 10 will give us his rea- 
son tor desiring such an amendment. 

Mr. McGaragle of Ward 8—1 am very much sur- 
prised to see that amendment come from the 
source it did, because I was led to believe that if 
anybody should know the law made specially for 
the government of the city of Boston and the 
county of Suffolk, it should be the gentleman who 
offered the amendment, and that correct infor- 
mation shonld come from that source. 1 am no 
lawyer, but as I see that my triend needs light I 
will' refer him to page 88 of the laws and ordi- 
nances, which says— 

"In the county ot Suffolk the court houses, 
jails, house of correction, fireproof offices, and 
all other necessary public buildings for the use of 
the county, shall be provided by the city of Bos- 
ton at its own expense." 

Now, this is settled conclusively that Chelsea 
has nothing to do with this matter, and I am a 
little surprised that my legal triend trom Ward 
10 did n't know that. 

Mr. Nason of Ward 17 moved that when the 
vote be taken it be by yeas and nays. Declared 
lost. 

Mr. Morgan moved that so much of the resolu- 
tion as refers to Chelsea and Revere be stricken 
out. 

Mr. McGaragle— Is there any need ot that? 

The President— The Chair thinks the motion is 
not needed and perhaps is not in form. 

Mr. Brawley— I move that the last amendment 
be indefinitely postponed. 

Mr. McGaragle — I ask for a ruling upon that. 
It it belongs exclusively to the city of Boston, 
how can that amendment be entertained by the 
Chair? 



67 



COMMON C O U JM C I J_i . 



: Tlie President— The Clialr tbiuks the amend- 
ment as proposed would he in order, and it is also 
in order to move its indefinite postponement. 

Mr. Ward of Ward 21 — I would ask the gentle- 
man from Ward 12, if althou3:h the Board of 
Aldermen have this power to take lands, there 
can be any purchase made until the money is ap- 
propriaied by this Council? 

Mr. Whitmore— I did not intend to say another 
word, but the question being asked directly, 
I will state that I feel very sure that by the terms 
of the act tbere can be uo doubt about It. 1 say 
this because the question was raised id the other 
branch and considered. Tbere can be no doubt 
but tbat the moment an order is passed by the 
Aldermen the city lias got to pay for tbe land, 
because it is provided that the land shall be taken 
in tbe same way that land is taken for streets. 
It Is a risk than it is impossible to es- 
cape from. There are well-known nrocesses 
by which the money can be obtained from the 
city. I speak positively, because the matter was 
discussed in the Board 6t Aldermen last year, and 
it was decided that the taking; constituted a debt 
against the city of Boston which can be recovered 
by the owners of the land. 

Mr. Mowry— I agree with tbe gentleman from 
Ward 12 that the city must furnish the way." and 
means. But I would ask the gentleman how 
much force he thinks the General Court would 
give to a resolution of this nature? 

Mr. Whitmore— 1 trust tbe Council will observe 
that I rise most reluctantly and only in answer 
to a direct question. On such a specu- 

tive subject it is very bard to state what 
the Great and General Court will do. But it does 
seem to me that the Great and General Court will, 
after their attention has been called to it, see the 
impropriety of continuing any longer powers 
which are a standing menace to the taxpayers of 
Boston. 1 have great hopes that even tbe major- 
ity which has control of the committees of both 
the Senate and House will give us ■« hat we ask 
for. and for the benefit «f the taxpayers 
take away those ;»owers from tbe Board 
of Aldermen, and which have never been 
exejcised, and have only stood as a menace year 
after year. It is impossible to tell how near we 
are to tbe possible exercise of tbe powers, but we 
have hanging over us a measure where a majori- 
ty vote of the Board of ildermeu would be suffi- 
cient to saddle us with any amount of debt they 
see tit in this matter. They can take any amount 
of land, and (.assiug one vote is sufficient to 
make the taking permanent and irrevocable. 

Mr. Coe— 1 made a motion to indettnitely post- 
pone the oriler of my friend on the left, as in my 
opinion it would seem to be clearly improper. 
But, as amended by the gentleman from Ward 12, 
it is a subject for fair discussion. It permitted, 
I would withdraw the motion to indefinitely post- 
pone, and move tbat the subject be specially 
assigned to the next meeting at nine o'clock, 
when we will be prepared to discuss it. 

The Chair— The Ch^ai- will srate the question. 
Mr. Coe wishes to withdraw the motion to indefi- 
nitely postpone, and instead thereof moves to 
specially assign. The Chair is of the opinion that 
the motion to substitute takes precedence of the 
motion to assign. 

Mr. Brawley— I move to indefinitely postpone 
the last amendment only, and not the original or- 
der. Do I understand the gentleman from Ward 
23 to withdraw my motion or the motion made by 
somebody else? 

The President— The gentleman from Ward 23 
withdrew his own motion. The Chair is instruct- 
ed that the motion of the gentleman from Ward 
19 is not in order. 

Mr. Brawley— I don't desire to appeal from the 
decision ot the Chair, and shall not; but I must 
make some remarks after having been requested 
by tbe City Messenger to withdraw the motion to 
indefinitely postpone, and having refused to do so 
and have learned at a late hour that it is not in 
order. It is astonishing to me. 

The Chair — The Chair would state that the 
Chair, having first decided that the motion was 
in order, was instructed by the Clerk that the 
motion was not in order. I believe I did request 
the Messenger to ask the gentleman to withdraw 
the motion, althoJish tbe original suggestion 
did n't come from me. The question is first upon 
the amendment of the gentleman from Ward 10. 

Mr. Healy — In order to simplify matters and 
come to a direct vote upon the special assign- 
ment I will withdraw my amendment. 



A call for the yeas an j nays on the substitute • 
by Mr. Morgan was lost. 

The substitute of Mr .Whitmore was adopted, or- 
dered to a second reading and put upon its pass- 
age. 

Mr. Coe moved to specially assign to next 
Thursday evening at nine o'clock. 

Mr. Whitmore — I would merely say there is no 
particular advantage m postponing it. It is a 
mere expression of opinion, and so far as it will 
have any effect upon the present Legislature, in 
their present rapid progress ihey may have gone 
beyond the bill by that date. I hope we shall 
take a Vote tonight, and that we shall pass or kill 
it at once. 

Mr. Coe — 1 hope the motion to specially assign 
will prevail, for the reason that this seems to be a 
new subject sprung upon the Council in regard to 
the powers and duties of this body. Very few of 
us have had an opportunity to examine the sub- 
ject and vote intelligently upou it, and I am not 
prepared to vote upon it tonight. I desire to hear 
some discussion on the subject. 

Mr. Perkins of Ward 17—1 hope this subject 
will not be postponed. I think we can settle it 
tonight as well as a week hence. 

Mr. Christal of Ward 8—1 am of the opinion 
that the more this matter is discussed the more 
deceived we will he upon the question. I move 
that the vote be taken by yea and nay. 

The Council refused to order the yeas and nays. 

On motion of Mr. Barry, the main question was 
ordered. 

The motion to specially assign was lost. 

Mr. Sawyer of Ward 24 moved to adjourn. 
Lost. 

The resolution was passed. 

A reconsideration was moved by Mr. Whitmore, 
hoping it would not prevail. Lost. 

Mr. Whitmore in the chair. 

PORTRAITS IN TUB COUNCIL CHAMBER. 

Mr. McGaragle offered an order— That the Com- 
mittee on Public Buildings cause the portraits of 
the Council chamber to be suitably labelled; the 
expense attending the same to be charged to 
the appropriation tor Public Buildings. 

Mr. McGaragle— My reason for ollerine that or- 
der is, I have been asked a great many times who 
the various portraits were. I could always tell 
that this was George Washington, but the others 
I could not tell. Now, sir, I am desirous of en- 
lightening the community. 1 have learned to- 
night that this is Major Anderson, but I am 
doubtful whether anybody else has learned it. I 
have learned very much myself and am willing 
tbat the Council should profit by it. 

On motion of Mr. McGaragle the rule was sus- 
pended and the order was read a second time and 
passed. Sent up. 

REPORT or SUPERINTENDENT OF STREETS. 

Mr. O'Dowdot Ward 6 offered an order— That 
the Joint Committee on Streets be instructed to 
notify the Superintendent ot Streets that the 
time has pypired wherein his annual report should 
be presenteti to tbe City Council (Ordinances 
page 770), and inform him that the Council awaits 
its presentation. 

The order was declared refused a second read- 
ing. 

Mr. NasoD moved to adjourn. Lost. 

On motion of Mr. Rosnoskj, the Council recon- 
sidered the order in regard to the report of Super- 
intendent of Streets, and tbe order was passed. 
Sent up. 

PAY OF LABORERS. 

Mr. Murphy ot Ward 20 offered an order— That 
a special committee, consisting of five members 
of the Council, with such as the Board of Alder- 
men may join, be appointed to consider the ex- 
pediency of providing that the pay of the labor- 
ers of the several departments of the city shall be 
at the rate of ¥50 per month. 

Mr. Murphy — My object in offering that order 
is, as I understand it, there is quite a difference 
in the pay allowed for laboring men in the various 
departments ot the City Government. Some of 
the departments pay their employes more and 
some less, while the work is about the same, and 
requires the same skill. I desire to have the mat- 
ter investigated by a special committee, so that 
the whole business' can be settled to the satisfac- 
tion of the laboring men. 

The order was read twice and passed. The 
President appointed Messrs. Murphy of Ward 20, 
O'Brien ot Ward 13, Hancock of Ward 1, Austin 
of Ward 11 and Morgan of Ward 16 on said com- 
mittee. Sent up. 

Adjourned on motion of Mr. Rosnosky. 



»nui 



1> g i iB "■» S 51 t.f 



i li; 



68 



BOARr> OF ALDERMEN, 



CITY OF BOSTON. 



Proceeding's of the Board of Aldermen, 

FEBRUARY 3, 1879. 



Regular meeting at four o'clock P. M., Alder- 
man O'Brien, Chairman, presiding. 

JURORS DRAWN. 

Thirty-Six traverse jurors were drawn tor the 
Superior Court, Second Session, January term; 
and thirty-two traverse jurors for the same court 
and term, First Session. 

EXECUTIVE APPOINTMENTS. 

Constables— Samuel S. Sherman, John E. But- 
ler. Confirmed. 

Undertakers — Alexis Alexander and sixty-six 
others. Confirmed. 

Surveyors of Marble — William B. Bayley, Will- 
iam H. Cary, Daniel Higgins and John Kelly. 
Contirmed. 

Superintendents of Hay Scales— North Scales, 
Henry A. Davis ; South Scales, Levi Chadbourn; 
South Boston Scales, John M. Johnson; East Bos- 
ton Scales, John A. Brown ; Roxbury Scales, An- 
drew W. Newman; Brighton Scales, Benjamin F. 
Paine; West Roxbury Scales, George A. Newhall, 
George James and Horace Lindall. Confirmed. 

Measurers of Wood and Bark — B. Q. Prescott, 
Robert Hale, James C. Whitney, Robert Vose, 
Robert Vose, Jr., William Seaver, J. 8. L. Bart- 
lett, Randall G. Morse, Horace W. Crafts, Daniel 

E. Adams, Alfred A. Hall, Jonathan Frobeck, 
Frederick C. O'Brien, Samuel Hosea, Jr., Alonzo 
H. Stowell, Morton Alden. Brighton, Salma Ken- 
dall, William T. Osborn, James A. Cogswell, Mar- 
shall H. Wells. Charlestown, Thomas J. Elliott, 
Elbridge Walcott, Charles A. Guild, Samuel S. 
Tuttle, John G. Abbott, Jr., John W. Wiggio, 
Frank T. Barron, Arthur F. Williams. West Rox- 
bury, Robert Seaver, Frederick Seaver, Horace 
Liodall and Henry P. Colburn. Confirmed. 

Weigher of Coal— Charles H. Moseley. Con- 
firmed. 
Inspectors of Petroleum and Coal Oils — Robert 

F. Means, Joshua A. Cleaves ana Nathaniel P. 
Cleaves. Confirmed. 

Superintendent ot Faneuil Hall Market—George 
E. McKay. Confirmed. 

Measurer of Grain— George P. Ray. Confirmed. 

Weighers ol Bundle Hay— Israel M. Barnes, 
Samuel B. Livermore, Jasper H. Eaton, E. G. 
Dudley, William S. Holmes, Morton Alden, J. T. 
Dalyrimple, E. W. Harding, Henry Bailey, A. J. 
Wheeler, Williaoi Lincoln, Aaron Bradshaw, W. 
P. Boardman, J«ihn A. Dyer, Jaivis L. Litchfield, 
EdwiQ y. Brown, Charles E. Avery, John J. Ho- 
gan. Contirmea. 

PETITIONS REFERRED. 

To the Committee on Paving. Henry Humph- 
reys et al., that the name of Humphreys court, 
Ward 20, be changed to Humphreys place. 

Metropolitan Railroad Company, for leave to 
lay a track commencing on Marlborough street 
and thence on Hereford street or West Chester 
park and Beacon street to the town of Brookline. 

Soutli Boston Railroad Company, for leave to 
lay and use a curved track to connect its tracks 
in South and Beach streets. 

Mrs. Anne Fallon, for the abatement of an 
assessment for edgestones levied upon her estate 
on Lamartine street, West Roxbury. 

Henry C. Brophy, that duplicate names of 
streets be abandoned, and that South street in 
Ward 12 be called Hugo street. 

To Committee on afreets {Aldermen). V. 
Graves et al. for leave to coast on Everett avenue, 
Dorchester. 

To the Committee on Arm07'ies. John Boyle 
O'Reilly, that an alleged nuisance caused "by 
weekly dancing parties in the armory of Company 
H, Fifth Regiment of Infantry, M. V. M., be 
abated. 

To the Committee on Claims. Hannah L. Seyter, 
for compeosation tor personal injuries received 
by reason of an alleged defect in the highway at 
the cornerof Forest Hills and Washington streets; 
Timothy Donovan, tor damages for injuries to his 
estate 314 D street. South Boston, caused by the 
bursting of the main water pipe at the corner of 
D and Second streets; Augusta Rosnoski, for 
compensation for personal injuries received by 
reason of an alleged detect in the highway at the 



junction of Appleton and Tremont streets ; John 
Knox, for damages for personal injuries received 
by a fall on Geneva avenue, Ward 24; Margaret J. 
Sullivan, for compensation for personal injuries 
received in South street; W illiam B. Spooner et 
al.. in aid of the petition of Charles Buriill. 

To the Committee on Bathing. John Doherty, 
for a hearing in relation to his discharge as a 
bathhouse keeper. 

To the Committee on Licenses. Currier & 
Sanders, for leave to run a passenger wagon from 
Sullivan square. Ward 4, through certain streets 
to Litchfield's, Rowe's, India and Battery wharves 
and return; George A. Colman for leave to run a 
passenger wagon from Bowdoin square through 
certain streets to ana from Rowe's and Litch- 
field's wharves; S. S. George for leave to run a 
passenger wagon from Winihrop to the North 
terry, East Boston, and return via Saratoga and 
Border streets: George W. Caley for leave to run 
three passenger wagons from Bowdoin square 
through certain streets to Litchfield's, Rowe's and 
India wharves and the Boston, Revere Beach & 
Lynn Railroad station and return ; William 
Fletcher, for leave to run a passenger wagon 
from the Fitchburg Railway depot via certain 
streets to Litchfield's and Lewis's wharves and 
return. 

To the Committee on Lamps, E. A. Bean, tor 
the adoption by the city of Boston of the pneu- 
matic system of lighting gas lamps, etc. 

To the Com.mittee on Market. L. M. Dyer et al., 
to be protected from the ice and snow which ac- 
cumulates on the roof of Faneuil Hall Market 
house. 

BLBOTIONS OF OITT OFFICERS. 

Sundry reports nominating city officers came 
up from the other branch and were acted upon as 
follows : 

City Messenger. Report nominating Alvah H. 
Peters. Accepted in concurrence and an election 
ordered. Committee — Aldermen Bell and Tucker. 
Alvah H. Peters received U votes, the whole num- 
ber cast, and was declared elected on the part of 
the Board. Sent down. 

Clerk of Committees. A report came up nom- 
inating William H. Lee. Accepted in concur- 
rence. 

Alderman Pope moved to proceed to an elec- 
tion. 

Alderman Flynn— I hope these elections will not 
be forced this afternoon. I know there are sev- 
eral candidates, and I do not think we should go 
through with all the elections this afternoon. I 
think the elections should be delayed one week. 

Alderman Stebbins — I hope the motion will not 
prevail. It has always been customary for the 
Board to proceed to an election immediately after 
the nominations were made. It this was a new 
officer who was suggested to fill the place, there 
might be some force in the objection raised by 
the Alderman ; but he has served some years and 
I think with fair acceptance to the City Govern- 
ment and the public. As I said before, it has al- 
ways been customary to proceed with the elec- 
tions at the first meeting in February, with the 
exception, perhaps, of one instance. 

Alderman Flynn— I have no objection to this 
officer, and shall probably vote for him; but I do 
object to forcing these elections at this time. 
There are nominations here which I am not pre- 
pared to vote for, or to go on and elect from these 
candidates this afternoon, without any opportu- 
nity to prepare ballots. Therefore I hope that this 
nomination and all others will be laid over one 
week. 

Alderman Stebbins— It is a very simple matter 
if a gentleman ot the Board objects to any candi- 
date to vote tor another one, and I ao not see any 
force in the suggestion that because the Alder- 
man desires to defeat the nomination of some 
other candidate that we should stop balloting tor 
the office of Clerk of Committees. It seems to 
me we had better proceed with the elections, and 
if we find a candidate that is not acceptable we 
can vote against him. It seems to me that is the 
best way to go on. 

Alderman Kelly— I have no objection to this 
candidate, but tliere is no other candidate sug- 
gested, and the nomination will certainly keep 
one week. The nominations were made to the 
other branch of the City Government, and they 
saw fit to let the elections lie over one week, and 
1 am in favor ot the nominations lying over. 

Alderman Slade— It seems to me they are 
obliged to lay over one week in that branch. 



F E B R Ij A B Y 



3 



18 7 9 



69 



The Chairinaii— In tlie Council there is a rule of 
that kind. 

Alderman Slade— That is what I intended to 
say ; but here they are not. I cannot see any ob- 
jection to voting for these nominatious this after- 
noon. Every one of us knows them, and unless 
there is some serious objection I don't see any ob- 
jection to proceeding to an election this after 
noon. 

Alderman Viles— I trust we shall proceed to a 
ballot today. Every name on this list is probably 
familiar to ub all. It is very mucli better to hive 
the candidates elected and attending; to their du- 
ties than to be lookiua out for reelection. 

Alderman Pope— I had no idea of attempting to 
force an election when I made the motion. I saw 
no necessity for their lying over iind therefore 
made the motion. 

Alderman Kelly— I take precisely the same 
ground with Alderman Flyuu. There is no 
objection, perhaps, to the candidate proposed 
here tonight, but there may be some objection to 
some of thera. I am not prepared to vote for 
every one of them, but I don't want to discrimi- 
nate between them, I don't think it is fair to 
force au election because the gentleman says you 
can vote for whom you please". We may want to 
have the name of a candidate printed, and we 
have no such opportunity now. We are 
not all so good writers as some ot the gen- 
tlemen. 1 see no objection to putting off the elec- 
tion of such good men. 1 have no objection to 
any man presented here that I know of,' but I may 
want to vote for some one else, and I may not. I 
cannot conceive what harm it can cio. 

The question was put on laying the election of 
Clerk of Committees over one week, and the 
Chairman was in doubt. 

On motion of Alderman Flynn, the yeas and 
nays were called, and the motion to lay over one 
week was lost— -yeas 5, nays 7 : 

Yeas- Aldermen Bell, Flynn, Kelly, O'Brien, 
Tucker— 5. 

Na,ys— Aldermen Breck, Hayden, Pope, Robin- 
son, Slade, StebbiDs, Viles— 7. 

An election was ordered. Committee— Alder- 
men Tucker, Bell. 

William H. Lee had 12 votes and was declared 
elected on the part of the Board. Sent down. 

Heater Merjisti ar. A report came up nominating 
William F. Davis. Accepted in concurrence. 

Alderman Kelly moved that the election be laid 
upon the table for one week. 

Alderman Stebbins called for the yeas and nays, 
and the motion was lost — yeas 4, nays 8; Alder- 
men Bell, Flynn, Kelly and O'Brien voting yea. 

Aldermen Tuckbr and Bell were appointed a 
committee to collect ballots, and after they had 
done so, the Chairman said there had been no for- 
mal vote to proceed to an election. 

On motion of Alderman Stebbins, an election 
was ordered. The same committee collected the 
ballots. William F. Davis received 12 votes, and 
was declared elected on the part of the Board. 
Sent down. 

City Surveyor. A report came up nominating 
Thomas W. Davis. Accepted in concurrence. 

Alderman Flynn moved that the nomination be 
laid on the table for one week. Declared lost, 
and Alderman Flynn called for the yeas and nays. 
The motion was lost— yeas 4, nays 8; Aldermen 
Bell, Flynn, Kelly and O'Brien voting yea. 

On motion of Alderman Stebbins, an election 
was ordered. Committee — Aldermen Stebbins and 
Breck. 

Thomas W. Davis received 11 votes, the 
whole number cast, and was declared elected on 
the part of the Board. Sent down. 

City Engineer. A report came up nominating 
Joseph P. Davis. 

Alderman Kelly moved to lay the nomination 
over for one week. Declared lost, and Alderman 
Kelly called lor the yeas and nays. The motion 
was lost— yeas 4, nays 8— the same as before. 

The report was accepted in concurrence and on 
motion o't Alderman Stebbiias an election was or- 
dered. Committee— Aldermen Stebbins, Breck. 

Joseph P.Davis received 11 votes, the whole 
number cast, and was declared elected on the 
part on the Board. Sent down. 

Superintendent of Public Lands. A report 
came up nominating lloliert W. Hall. Accepted 
in concurrence. 

Alderman Kelly— As we have elected the Davis 
family,! hope we shall elect Mr. Hall. 

Alderman Slade— I want to say just one word. 
We have elected the Davis family, as has been 
said, but they are no more related to each other 



than you and I are, and I want the public to un- 
derstand it. 

Alderman Kelly— I did n't mean anything dis- 
respectful, but I wanted to say that as we have 
elected so many, I thought it was rather a small 
matter to leave Mr. Hall out. 

On motion of Alderman Viles, an election was 
ordered. Committee — Aldermen Viles, Slade. 

Robert W. Hall received 11 votes and Jerome 
McDonald 1. Mr. Hall was declared elected on 
the part of the Board. Sent down. 

MISCELLAKEOUS PAPEKS EBOM THE COMMON 
COtJKCIL. 

Petitions were refeired in concurrence. 

Order to ring bells and display the flags on 
Washington's Birthday. Passed in concurrence — 
yeas 12, nays 0, 

Petitions to be referred in concurrence: 

Aunital report of Superintendent of I'ublic 
Lands. (City Doc. 10.) 

Annual report of Superintendent of Sewers. 
(City Doc. 11.) 

Annual report of Park Commissioners. (City 
Doc. 16.) 

Severally placed on file. 

Order to label th9 portraits in the Common 
Council Chamber at the expense of the appropria- 
tion for Public Buildings. Passed in concur- 
rence. 

Report of Committee on Assessors' Department, 
that it is inexpedient at the present time to make 
any change in thp orriinance relating to the as- 
sessment and collection of taxes. Accepted in 
concurrence. 

Order for a special committee (Messrs. Murphy, 
O'Brien, Hancock, Austin and Morgan, with such 
as this Board may join) to consider the expe- 
diency ot paying the city laborer? tilty dollars 
each per month. Passed in concurrence, and 
Aldermen Tucker and Robinson were joined to 
said committee. 

KEPOKT OF SUPEIUNTESDBKT OE STREETS. 

An order came up for the Joint Committee on 
Streets to notify the Superintendent of Streets 
that the City Council awaits the presentation of 
his aniiual report. 

The question was upon the passage of the order 
in concarrence. 

Alderman Stebbins — It does seem to me that 
this is rather a singular order, in view ot certain 
matters which are now proceeding. I believe the 
people of this city like fair play above all things. 
We all know very well that the Superintendent of 
Streets is now undergoing an investigation. The 
result will be announced in due season. We also 
know that be has had an unusually severe amount 
of duty to perform. The condition of tne streets 
has been sucb that it has been impossible to 
prepare his annual report within the time the 
required by tbe ordinance. We also know 
that the ordinance was framed a great many 
years ago when the city was contracted in its 
limits, and id is almost impossible tor the Super- 
intendent to comply with the provisions requir- 
ing him to submit nis report by the lOin of Janu- 
ary. It would have been far more proper for an 
order to have been submitted providing for a 
change in the ordinance, so that the officer could 
have had twenty days in which to submit his 
annual report. Of couise I cannot speak 
of the motives which may haye possibly 
prompted the order, as that would be un- 
parliamentary. But I can only suggest, in a gen- 
eral way, tbat the least this Board can do is lo ac- 
cord to Mr. Harris a more generous treatment 
than to concur in the passage of tbe order. What 
I have said has beei; without conference with 
him, and therefore was not prompted by him. It 
seems to me we can do not less than indefinitely 
postpone the order, and I so move. 

Alderman Kelly— I don't propose to vote against 
the motion to indefioitelv postpone. I don't un- 
derstand the motives which the gentleman says it 
would be unparliamentary to speak of. I think 
the language ot the order is very pleasantly put, 
and I don't think there is any objection to that. 
It merely states that they await his annual re- 
port. 1 don't know what the intention is, andper- 
baps the Alderman may know more about it than I 
do. I should hope that the order will not be iu- 
detinitely postponed, but be laid upon the table. 

Alderman Stebbins— I know nothing whatever 
about the motive which prompted the gentleman 
to introduce the order. I can only, like a Yankee, 
guess what it is. We all know it has not been cus- 
tomary foi- the heads of departments to strictly 



70 



BOAJEtU OF Ai^lJ>EK.JVLEN 



comply with the ordinance requiring reports to 
be submitted within the tirst ten days ot the year. 
In fact, it is almost impossible to comply with the 
ordinance. The report will be presented In due 
season. I have never known an ofiBcer who is un- 
der investigation to be hurried in this way. That 
is all I can say upon it without reflecting upon the 
other branch. 

Alderman Flynu— I understanci the report of 
the Superintendent is in the hands ot the printer 
and it will probably be presented to the Board 
next Monday. Therefore I hope the motion to in- 
definitely po^tpone will be carried. 

Alderman Kelly — My objection to indefinitely 
postponing was simply this : The Alderman states 
it is not lair treatment. Now, while I admit that 
it there is any motive beyona what we can see, it 
is not fair, ytt at the same time I hold that fair 
treatment is just as much due to the other branch 
as to any head of a department. When a motion 
has been made in good faith and comes up here, it 
is rather rough treatment to indefinitely postpone 
it. If it is an error to request the heads ol: de- 
partments to send in their reports, let it pass; but 
I should say an indefinite postponement is rather 
a rough way to treat a motion of the other branch. 

Alderman Stebbins — A point beyond what I 
have stated: The order requires the Joint Com- 
mitti e on Streets to perform this duty ot inform- 
ing the Superintendent of Streets thit they await 
his report. I'he Commitiee ou Streets have no re- 
lations with this officer. It the order had pro- 
vided that the proper committee—the Committee 
on Paving— should have performed this duty, it 
■would be more fair treatment and would not seem 
to be going out ot the way. But it is going out of 
the way to call upon another committee, and It 
makes the transaction what it should not be. 

Alderman Kelly — 1 admit that it is the wrong 
committee and that it is an error. I have no par- 
ticular ol jection how it goes. 

The order was indefinitely postponed. 

REPORTS OF CITY OFFICERS. 

CUy EcQistrar. The preliminary report of the 
City liegistrar for the year ending 1878 was re- 
ceived and sent down. 

Number ot births in 1878, 10,125, a decrease of 
398 from 1877. The decrease is a large one and is 
not easily accounted for. Estimating the popu- 
lation at 365,000, the births appear in the ratio of 
1 in each 36 of the population. Marriage inten- 
tions recorded, 3450; an increase of 102 compared 
with the preceding year. Marriages returned 
and recorded, 2995, an increase of 122 over 1877. 
Deaths, 7677, an increase of 393 over 1877. Not- 
withstanding this increase, the mortality is con- 
siderably less than in several years preceding 
1877. The death-rate was 21 in 1000, indicating a 
very favorable condition of the public health. 
Received tor certificates of intentions of mar- 
riage, $1726; which has been paid to the City Col- 
lector. 

{Superintendent oj Charles Uiver Bridge. An- 
nual report. Number ot vessels which passed 
throuiih the draw, 7184. Sent down. 

Police Commissioners. Monthly report. Sent 
down. 

Liquor licenses granted, 53; rejected, 14; for- 
feited, 6; cancelled, 20; transferri^d, 18; number 
of licenses issued, 50, and receipts for the same, 
$3729. 

Soup distributed, 7554 gallons; families sup- 
plied, 11,662; meals furnished, 53,828; expended to 
Jan. 21, $313.66. 

PUBLIC BUILDINGS. 

The annual report of the Superintendent of 
Public Buildings (City Doc. 14) was received and 
sent down. 

The expenditures for repairs, alierations ana 
improvements of public buildings include all the 
buildings belonging to or hired by the city (ex- 
cept scboolhouses and county buildings), used for 
the accommodation of the City Government and 
the various departments. This class of buildings 
number 126. '1 he amount expended on such for 
the past year has been $78,069.44. 
Masonry, stock, paving, drains, 

etc »5,018.79 

Carpentiy, lumber and hard- 
ware 7,388.33 

Painting and glazing 1,663.95 

Gas fitting and plumbing 2,187.64 

■Whitewashing and plastering. . 9,006.67 
Kew furniture, repairs of old, 
bells, clocks, windotif shades 

and carpeting 5,658.20 

Koofing 1,664.44 

Iron work, fences, etc 1,043.44 



J<ew heating apparatus and re- 
pairs of old 2,434.55 

Locksmithiiig 135.77 

Gas and water 3,991.93 

Rents and taxes 13,090.32 

Care, cleaning and janitors 10,856.35 

Supplies, including ice, mats, 
hods, brooms, pails, etc 1,936.37 

Fuel, including the salary of 
the weigher 4,060.17 

Grading and watering 125.19 

Salaries of .Superintendent and 
assistants; also that for ar- 
chitects and draughtsmen, 
for four months 11 ,494.25 

Eureka ventilators 108.00 

Sewer asssessiaents 774.82 

Repairs of gutters and conduc- 
tors 206.14 

Miscellaneous expenses 1,474.88 

Balance paid on account of 
contract for providing steam- 
haating apparatus tor the 
Town Hall Building, West 

Roxbury l ,750.24 

»78,069.44 

Income. 
The following are the buildings trom which 
rents have been received during the past year, 
together with the amoucts, all of which are in 
charge ot idis departuieut: 

Faneuil Hall Market and cel- 
lars 881,401.00 

Faneuil Hall building, stalls and 

cellars unoer Faneuil Hall 22,754.00 

Old State House 16,000.00 

Eastern-avenue Wharf 2,000.00 

House, Washington street 300.00 

Quincy Hall 4,300.00 

Estate 37 Boylston street 1,575.00 

Curtis Hall 65.00 

Ward Rooms 494.00 

Old Hook & Ladder House, No. 

■4 Eustis street 229.17 

Stable, Tremontnlace, Charles- 
town 150.00 

Yard ot the Mayhew School- 
house, Hawkins street 120.00 

»129,398.17 

Comity buildings. 

There have been expended on county buildings, 

$29,31.5.65, as follows: 

County jail, repairs ^73.52 

Court House, repairs, care ana 
cleaning, supplies, gas, water, 
fuel, new furniture and re- 
pairs of old 11,134,57 

Rent of rooms in building num- 
bered 39 Court street, used 
by the justices of the Su- 
perior Court for trials of jury- 
waived cases 2,550.00 

Probate building, repairs, care, 
and cleai;ing, sup'plies, gas, 
water and fuel, together with 
rent of addition to building 
fronting ou Tremont street, 
$9000 per year, amoanting 

to 10,312.92 

Municipal Court, Highland Dis- 
trict, repairs, care and fuel. . . 892.54 
Municipal Court, Dorchester 
District, lepairs, care and 

fuel 751.66 

Municipal Court, Charlestown 
District, repairs, furniture 

and care 727.18 

Municipal Court, East Boston 
District, repairs, furniture, 

care and fuel 947.90 

Municipal Court, South Boston 
District, care, fuel and re- 
pairs 834.99 

Municipal Court, West Rox- 
bury District, care and fuel.. 405.97 
Municipal Court. Brighton Dis- 
trict, renairs, care and fuel.. 684.40 

S29.315.65 

Schoolhouses. 
The total number of buildings 03cupied for 
school purposes, owned by the city, is 167, con- 
taining 1356 schoolrooms; in addition colonies are 
established in eight buildings, hired for that pur- 
pose, furnishing fourteen schoolrooms, making 
the total number of buildings in which school ses- 
sions are held, 175, containing 1370 schoolrooms. 

The expenditures for ordinary repairs, supplies 
and furniture for these houses for the pasttyear 
have been $110,658.40, as follows: 
Carpentry, lumber and hard- 
ware 1^20,264 99 

Masonry, paving, stone work, 
edgestones, and repairs of 

drains 13,670.70 

Painting and glazing 8,156.93 

Whitewashing and plastering.. . 4,856.09 



FEBRUARY 



1H79. 



7X 



New furniture, repairs of old, 
window shades, bells and 
clocks 11,130.87 

Gas-flttiug and plumbing 4,592.83 

Booflng, gutters and conduc- 
tors 3,236.27 

Ironwork ard fences, window 
guards and wire work i,385.99 

New locks and keys and repairs 
of old 520.65 

New heating apparatus and re- 
pairs of old 19,909.35 

Eents and taxes 6,345.72 

New blackboards and repairs of 
old 4,391.16 

Weather strips and sash eleva- 
tors 687.37 

Filling and grading grounds, 
and watering streets 2,588.25 

Miscellaneous expenses 6,022.23 

Following are the extraordinary expenses 
incurred to maintain the old school 
buildings, under special order of the City 
Council, and payable from the appropri- 
ation for Schoolhouses Public Buildings: 

Right of dower in schoolhouse 
estate. Common street, 
Charlestown ,$2,132.27 

Right of way to Washington 
School building, Roxbury 
street 200.00 

Fitting and f urnisluug tor high 
school. East Boston 2,626.90 

Balance of payment on account 
of contract for heating appa- 
ratus,Briminer Schoolhouse.. 1,320.60 

New furniture and renewal of 
floors for the Lawrence 
Schoolhouse 2,586.00 

Balance of payment on account 
of contract "for heating appa- 
ratus.Chapman Schoolhouse . . 1 ,986.86 

New ventilators 3,297.64 

Fire extiuguisliers 504.00 

Assessments on account of new 
sewers 402.22 



8110,658.40 



15,055.49 



8125,713.89 
Extraordinary Expenses. 
The extraordinary expenses of this department 
are those for the erection of new, and alterations 
of old buildings, lor which appropriations are 
made by order of the City Council. Special ap- 
propriations for seven new public buildings have 
been in charge of [his department during the 
past year, rhe total amount ol appropriations 
for these buildings, including the heating and 
furnishing of a portion of the same, is 55003,406.13. 
This includes the amounts appropriated by the 
City Council the past year, together with the 
amount carried over from the previous year. 

During the past year the following buildings 
have been completed: 

Grammar schoolhouse at Washington Vil- 
lage, including fitting, furnishing, heating 

and ventilating apparatus §74,326.35 

"Weston- street Primary Schoolhouse, cost, 
including fitting, furnishing, heating and 

ventilating apparatus 39,912,''7 

At present no demand for new buildings for 
school purposes have feeen made, the new struc- 
tures approaching completion covering the pres- 
ent demands. 

The condition of all the buildings for public 
use in the city is generally good, and will require 
no extravagant outlay to maintain their present 
condition. The severe use to which buildings of 
• a public nature are subjected require that a cer- 
tain amount should pe spent upon them continu- 
ally, in the way of repairs, in order to avoid a 
much larger expenditure in the future. 

The following is a comparative statement of 
tne number of county buildings, public build- 
ings and schoolhouses, together with the number 
of feet of land covered by the same, between the 
years 1864 and 1879: 



o 






County build- 
ings 

Public build- 
ings 

Schoolhouses 



" o ■ 

» ffi Hi 






1864. 



2! 
o 






1864, 
3 153,297 



1879. 



a 

w " ■S 

09 <; o 

Sd"- 



1879. 
107,888 



53 CD 
CD QQ 

a 
5' 

a 



14,591 ft. 



32 

74 



269,337 126 1,916,932 1,647.505 ft. 
677.000 167 2,626,093 1,949,093 ft. 



Totals 109 1,099,034 297 4,710,913 3,611,279 ft. 



The above will show a rotal increase in fifteen 
years of 188 buildings, and of land equivalent to 
about eighty-two acres. 

The estimated valuation of the several county, 
public buildings and schoolhouses, including fur- 
niture, land, etc., is as follows : 

County buildings 82,000,000 

Public buildings, 6,534,364 

Schoolhouses 7 ,996,500 

Total 816,530,864 

OITY REGISTRAR'S DEPARTMENT AND BOARD OF 
HEALTH. 

Alderman Stebbins submitted the following: 

The Joint Special Committee on Matters Relat- 
ing to the City Charter and Commissions, to whom 
was referred so much of the Mayor's address as 
relates to causing the City Registrar's duties to 
be performed by the Board ot Health, and also 
the petitions of Lewis Jones & Son et aL. and 
William J. Dale, M. D., et al., asking that the 
City Registrar's Department be placed under the 
charge of the Board of Health, having considered 
the subject, would respectiully report that in 
their opinion it is inexpedient to request the 
legislation which would be required, and we 
therefore recommend that the petitioners have 
leave to withdraw. 

For the committee, 

Hugh O'Brien, Chairman. 

Accepted. Sent down. 

licenses. 

Alderman Flynu submitted reports from the 
Committee on Licenses as follows: 

Inuholder's License Granted — Bell & Johnson, 
Quincy House. 

Victuallers Licenses Granted— Ira i;. Perry, 1123 
Washington street; Roby H. Edwards, 3 Bowdoin 
square; Edward J. Holland, 65% Essex street; 
Henry Rottler, 135 Hallock street, corner of Sta- 
tion street, removal from 614 Parker street; John 
H. Odenweller, 1362 Tremont street, removal from 
Boylstou street, Boylston Station ; Patrick Sulli- 
van, 626 and 628 Harrison avenue, removal from 42 
Fleet street; John E. jueavitt, 158 Shawmut av- 
enue, removal from 76 Portland street; Peter B. 
Tourtel, 145 Albany street; Mrs. Helen S. Stevens, 
961 Washington street. Severally accepted. 

COASTING. 

Alderman Brack submitted the following: 
The Joint Standing Committee on Ordinances, 
to whom were referred the petitions ot Edward A. 
Rand and others, that coasting be allowed on cer- 
tain streets m South- Boston, having considered 
the subject, would respectfully recommend that 
the ijetitions be referred to the Committee on 
Streets on the part of the Board of Aldermen. 
Accepted, and referred accordingly. 

SUPPLIES FOR LAMP DEPARTMENT. 

Alderman Breck offered an order— That the 
Superintendent of Lamps be, and he is nereby 
authorized, under the approval of the Committee 
on Lamps during the municipal year 1879, to con- 
tract for and purchase the lampposts, brackets, 
cocks, tips, lanterns, tools, stable supplies and 
such other articles as shall be found necessary 
for the carrying on of the Lamp Department; 
also, to employ such number ot men as may be 
necessary, the cost thereof to be charged to the 
appropriation for Lamps. Read twice and passed, 

MAS.SACHUSETTS CHARITABLE MECHANIC FAIR 
BUILDING 

Alderman Flynn submitted the following: 
The Committee on ^Streets on the part of this 
Board, to whom were referred the accompanying 
petition of the Massachusetts Charitable Mechan- 
ic Association, and others for, and the remon- 
strances of S. Cabot and others, the Boylston Mu- 
tual Insurance Company and others, J. W. Mc- 
Donald and others, and Albert Gillingham and 
others against, the continuance of the exhibition 
building ot said association upon the city's land 
at Columbus avenue, Park square and Pleasant 
street beyond the time (Feb. 1, 1879,) ti.xed for its 
removal by the order of this Board ot Nov. 25, 
1878, having heard both the petitioners and re- 
monstrants, at length, and given the subject its 
due consideration, respectfully report the'follow- 
ing order. 

For the Committee, 

James J. Flynn, Chairman. 

Ordered— That the Massachusetts Charitable 

Mechanic Association be allowed to keep the 

building used for its i-ecent exhibition upon the 

land of the city at Columbus avenue, Park sqi(are 



73 



BOARD OF ALUERMEJS 



and Pleasant street, until the 17th instant, up- 
on which date the work of its removal shall be be- 
gun, to be completed and the land and streets 
upon which the building stands to be delivered to 
the city,on or before the date fixed by the Legisla- 
ture for such removal— the 1st day of March, now 
next ensuing. 
Read, accepted and order passed. 

COMMEKCIAL STREET. 

Alderman Flynn submitted the following: 
The Joint Standing Committee on Streets, to 
whom was referred the order rescinding the re- 
strictions contained in the order in relation to the 
widening of Commercial street, passed Dee. 31, 
1877, having considered the subject, beg leave to 
report as follows: The Street Commissioners have 
endeavored to make a plan for widening the 
street in conformity with the conditions of the 
order, but the restrictions are of such a nature as 
to prevent them from arriving at any satisfactory 
result. Your committee are therefore of the 
opinion that the improvement cannot be made 
while the original order remains in force, and be- 
lieve that the restrictions should be removed and 
the commissioners allowed to proceed in the 
usual manner, to prepare a plan and submit the 
same to the City Council. Your committee would 
therefore respectfully recommend the passage of 
the order which was referred to them. 
For the committee, 

James J. Flynn, Chairman. 
The report was accepted and the order to re- 
scind the restrictions was laid over for one week. 

CODIFYING THE AMENDMENTS TO THE OITY 
CHARTER. 

Alderman Stebbins submitted the following : 

The joint special committee to whom was re- 
ferred so much of the Mayor's inaugural address 
as related to the revision and codification of the 
city charter, having considered the subject, beg 
leave to submit the following report: 

The committee are of the opinion that no satis- 
factory scheme for revising or codifying the 
charter which would require legislative action 
could be prepared in season to oe submitted to 
the Legislature at its present session. 

They believe, however, that a digest of the va^ 
rious statutes affecting the city, as recommended 
by his Honor the Mayor, would be a great con- 
venience to all interested in municipal affairs, 
and they would recommend that such a digest 
be prepared, under the supervision of the Com- 
mittee on Ordinances, who are familiar with the 
subject matter. 

Your committee would, therefore, respectfully 
recommend the pas^sage of the following order. 
For the.Committee. 

Hugh O'Brien, Chairman. 

Ordered, That the Committee on Ordinances be 
requested to consider and report upon the ex- 
pediency of preparing a digest of the city charter 
and the statutes affecting the city. 

The order was read twice and passed. Sent 
down. 

Alderman Stebbins— It was understood that on 
the acceptance of the report the order upon the 
table for tne Mayor to petition the Legislature 
for the passage of an act enacting the provisions 
of the city charter should be taken up and indefi- 
nitely postponed. I move that it be taken from 
the table, and shall then move that it be indefi- 
nitely postponed, in accordance with the under- 
standing of the committee. 

The order was taken from the table and indefi- 
nitely postponed, in non-concurrence. 

UNCLAIMED bodies OF DEAD PAUPERS. 

Alderman Stebbins submitted the following: 
The Joint Standing Committee on Legislative 
Matters, to whom was referred,!among the unfin- 
ished business of last year, the report on the dis- 
position of the bodies of such persons dying in 
the city as are required to be buried at the public 
expense, having considered the subject, respect- 
fully recommend that the subject be referred to 
the Board of Health,{wich instructions to make 
such regulations as may be necessary to provide 
for the identification of the remains of persons 
whose bodies have been used for the purposes of 
anatomical science. 

For the Committee, 

S. B. Stebbins, Chairman. 
The report was accepted. Sent down. 

ILLEGAL practices AT CAUCUSES. 

Alderman Stebbins submitted the following: 
The Joint Standing Committee on Legislative 
Matters, to whom was referred the petition of 



Lawrence D. Welby and others, asking lor a pub- 
lic hearing in relation to alleged corrupt and 
illegal practices at primary meetings, to the end 
-that legislation upon the matter may be asked 
for, beg leave to report that the subject was un- 
favorably considered by the General Court at Its 
present session, and, in the opinion of youi com- 
mittee, it is inexpedient to take any further ac- 
tion thereon. 

For the Committee, 

S. B. Stebbins, Chairman. 
The report was accepted. Sent down. 

NEW COURT house. 

AldErman Stebbins offered the following: 

Whereas, Among the poweis and duties con- 
ferred upon the Board of Aldermen of the city of 
Boston, acting as County Commissioners, it is 
provided in chapter 306 of' the Acts of 1867 that 
said Board, so acting, shall have authority and 
power to take and bold by purchase or otherwise 
so much land as they may deem necessary, for the 
purpose of erecting thereon a Court House by the 
city of Boston for the use of the county of Suffolk, 
and for a Court House yard for the same; and 

Whereas, The power and authority so conferred 
by said chapter 306 has not been fully exercised 
and completed; and 

Whereas, An order is now pending before a 
committee of the Legislature providing for the 
repeal of said chapter 306 and the passage of a 
new act: it is therefore 

Ordered, That the City Solicitor is hereby re- 
quested by this Board, acting as County Commis- 
sioners, to appear before committees of the Legis- 
lature now in session and oppose the passage of 
any act which shall transfer In the manner indi- 
cated in said order the authority now vested in 
this Board. 

Alderman Stebbins— I ask that the order take 
its second reading. If I thought it necessary I 
should make some explanation, but I think the 
members of this Board understand fully the 
merits of the case and why the order is intro- 
duced. If any member of the Board desires any 
information I should be happy to give it, or the 
Alderman opposite, who was chairman of the 
Committee on County Buildings last year, will. 

Alderman Flynn— I should like some explana- 
tion. It is a' matter of a great deal of im- 
portance. 

Alderman Stebbins— It will be remembered that 
at a previous meeting of the Board an order was 
indetiDitely postponed which contemplated au- 
thorizing the Mayor to petition the Legislature 
to transfer to the City Council the powers now 
vested in the Board of Aldermen with reference 
to the taking of land for a Court House ana 
a Court House yard. Immediately upon the 
order being postponed, a similar order was 
introduced in the Legislature by a member 
of the General Court from this city con- 
taining similar provisions, and askiog that the 
proper committee should consider the expediency 
of making the transfer of power. Now, I think I 
speak advisedly when I say that such a transfer 
should not receive the sanction of. this Board. 
Certainly it could receive no favor from the mem- 
bers who liave investigated the powers which it is 
endeavored to transfer in the manner contem- 
plated. It will be remembered that this act was 
passed by the L,egislature for the express purpose 
of conferring upon some small body the power 
which it is necessary should be delegated to some 
committee or board for the purpose of taking- 
land. Now, it does seem to me that the smaller 
the committee or board, the better tor the tax- 
payers. I do not believe that it would be advis- 
able to confer power of this kind upon a large 
body. I think it should be confined to as small a 
body as possible, and I wish it were competent, 
or I wish that the Legislature might see fit to 
confer upon the Supreme Court of this State— if 
the power is to be taken from this Board— the 
power to appoint a commission who should have 
authority to' take land and provide for the erec- 
tion of a Court House. IE a commission could be 
appointed of the three gentlemen t'-ho had the 
matter in charge last year— the three members of 
the Committee on County Buildings of this Board 
last year— I think such a selection and provision 
would meet the entire confidence and support of 
the community, for certainly uo abler cotnmittee 
ever considered the wants and need of the coun- 
ty In regard to a new Court House than the three 
gentlemen who had the matter in charge the past 
year. The objection to transferring the power to 
the City Council is that it vests it in a large body 



FKBRUARY 



1879 



73 



too much like a town meeting, rather than like a 
legislative body. It should be in the hands of a 
very small number of persons, to the end tbat pri- 
vate interests shall not control them, or shall not 
make itself felt, as it even was last year. I trust 
the order will pass, and that the City Solicitor 
will, under its instructions, oppose the passage of 
the oraer which is now before the General Court. 
I think the member of this Board who was upon 
the committee last year will substantiate all I 
have said in the way of objections to conferring 
this power upon a large body. It certainly would 
not be in the interest of the taxpayers, and I hope 
Tve shall hear from him. 

Alderman Slade-I think lean corroborate what 
the Alderman has said in this matter. I was one 
of that untortunate committee that had this 
matter of a Court House upon itself for the whole 
season. From my experience last year, from the 
schemes brought forward from various sources 
and places to induce the city to purchase here 
and there, convinced me that this matter should 
certainly be kept within the Board of Aldermen; 
and my experience, if shared in by the members 
of this Board, would certainly bear me out in the 
motion I maae one week ago when that matter 
came before the Boird. There are the wildest 
schemes brou^iht forward for a Court House that 
you can imagine; and I fear — and 1 will not say 
all that 1 do fear— but I fear that this purpose to 
enlarge the committee is not, to my mind, in the 
right direction. I think it ought to be kept here 
in this Board of Aldermen. 1 think that, if ever 
another committee tries and does bring forward 
another scheme for a Court House, that it had bet- 
ter be kept where it can be handled and managed 
by a board that can control it and take care of 
it; but I will say from the experience, as I have 
said before, that I believe this matter of a Court 
House, like all other county matters, should be 
kept in this Board of Aldermen. 

The order vpas read a second time and put upon 
its passage. 

Alderman Flynn— I don't koow that I can vote 
for this order for the reason that I believe the 
order offered by the gentleman in the Council is a 
very proper one. I think this is the order which 
it is iutenriea to defeat. [The Alderman read the 
order offered in the Common Council by Mr. Bun- 
ten of Ward 8 at tno last meeting.] I believe, Mr. 
Chairman, that inasmuch as the City Council has 
to appropriate the money for building this Court 
House and purchasing the land, they certainly 
ought to have something to say about the loca- 
tiiin. As the Common Council are a part of the 
people, and as the City Council represent the peo- 
ple, they certainly ought to have something to 
say about the location of the building. There- 
fore, I am opposed to the order, and hope it will 
not pass. 

Alderman Stebbins — The order to which the 
gentleman refers was withdrawn, it being found 
to be inoperative, and another order was passed 
in its place. 

Alderman Flynn — I understand that this order 
is similar to the one offered by Mr. Jenkins of the 
House. 

Alderman Stebbins— That order was defeated, 
and one simply expressing the opinion of the 
Council as to what they would like to have done, 
was passed, and not the one the Alderman refers 
to. I may be allowed to say here, that the two 
principal arguments advanced why that power 
should be vested in the Council are, first, that the 
Board of Aldermen might spent a million dollars 
in a Court House, and the other argument was 
that the Board of Aldermen had done nothing. I 
leave the two arguments together. I think we 
had better leave the power where it is, as stated 
by the Alderman on the committee last year. 

Aldermen Kelly— Is there any objection to that 
order lying over? 

Alderman Stebbins — The objection is this: Im- 
mediately upon the order having been introduced 
in the Legislature, the City Solicitor, or his assist- 
ant, as he was in duty bound to do, called upon 
the Judiciary Committee, to whom the order had 
been referred, to ascertain its nature and what 
was contemplated to be done under it. He found 
that a hearing had already been assigned, and 
that the chairman was to notify William H. Whit- 
more as to the matter, as he wished to appear and 
favor it. He also found thegentleman present, and 
making some suggestions as tothepowerof the 
eity Council, and also suggesting that. the City So- 
licitor had no authority to be present. A t the sug- 
gestion of the City Solicitor to the chairman of 
the committee, that it was a matter which vitally 



interested the city of Boston, the hearing was 
postponed for a week, and it will take place on 
Wednesday at the State House, when it is desira- 
ble thatthis Board should express itself, and do 
so by authority. The only way this Board can do 
80 is by the action indicated in the order, acting 
as County Commissioners for the county of Suf- 
folk. They have the power to direct the City So- 
licitor to appear and advocate thiir interests 
withoutthe concurrence of the other branch. 

Alderman Kelly— I think we passed an amend- 
ment to the joint lules about the Committee on 
Legislative Matters. It seems to me it was in re- 
gard to that very same matter, though I don't re- 
member it now. The order was offered by Alder- 
man Stebbins. 

Alderman Stebbins— The order to which the 
Alderman perhaps has reference was that it 
should not be competent for the Committee on 
Legislative Matters to oppose any petition which 
a previous City Grovernment had asked to have 
presented to the Legislature. That was the only 
matter I presented. There was also an order re- 
quiring all matters in which the city is interestea 
to be presented in print. 

Alderman Kelly— I think you offered the amend- 
ment, and that is what I wish to get at. 

Alderman Stebbins— The amendment was that 
it should not be competent for the committee to 
oppose any previous action of the City Govern- 
ment. 

Alderman Kelly — Then 1 misconstrued it. If 
there is no objection I would like to have it lie 
over. I think the rule leaving the matter of a 
Court House to the County Commissioners is cor- 
rect. The great drfiiculty with all our legislation 
is that past experience don't seem to be any guide 
for us. If that act should pass, I think that in 
selectiiag a committee of five from the other 
branch and three from this Board, we could not 
prevent a site from being selected, and a very ex- 
pensive one perhaps, and perhaps it might 
lead us into a gre^it deal more difiiculty 
than we are in now. I don't believe 
in the idea of the gentleman that this 
matter should be left to the Supreme Court. The 
Judges of the Supreme Court are selectod from 
aU part'' of the State. It is a very hard matter if 
the County Commissioners of the county of Suf- 
folk are not qualified to select a Court House for 
the accommodation of the people of the county, 
without interference from the Judges who live in 
various parts of the State, and who have to pay 
no taxes to the city. 1 should hope that any legis- 
lation of that kind will be vetoed. I think my- 
self that this subject of a Court House is a con- 
servative sort of a matter. I should hope that 
the city of Boston will never have to build one. 
We have enough law now. 1 think there is legis- 
lation enough, aod I hope we shall not have to 
take a site. I should rather have it lie over, and 
if it is pressed I shall vote for indefinite postpone- 
ment. 

Alderman Stebbins — The trouble is, the hearing 
has been appointed, and if the Board of Alder- 
men take no action it will be supposed that they 
are in favor of it. 

Alderman Kelly— Do I understand that the 
hearing has been appointed? 

Alderman Stebbins— On Wednesday next. 

The order was passed. 

ASSESSORS OF TAXES. 

Alderman Hayden submitted a report from the 
(Dommittee on the xlssessors' Department, recom- 
mending the election of Thomas Hills, Benjamin 
Cushing, Ben.iamin F. Palmer, Edward F. Robin- 
son and Joshua S. Dunklee as Assessors of Taxes. 
Accepted, and on motion of Alderman Hayden an 
election was ordered. Committee— Aldermen Hay- 
den, Kelly. 

Whole number of votes 12 

Necessary for a choice 7 

Thomas H ills 12 

Benjamin Cushing 12 

Edward F. Robinson 12 

Benjamin F. Palmer 12 

Joshua S. Duncklee... ,11 

Michael Carney 1 

Messrs. Hills, Cushing, Palmer, Robinson and 
Duncklee were declared elected ob the part of the 
Board. Sent down. 

ORDER TO PAY. 

Alderman Flynn submitted the following from 
the Committee on Streets on the part of the 
Board : 

Report and order to pay Leonard Ware $103, for 
land taken on Dennis street. Order read twice 
and passed. 



74 



BOA RU OF A L J3 E K. M- E N 



The order was read twice and passed. 

ELECTION OF CITY REGISTRAR. 

Alderman Viles submitted a report renomiuat- 
ing N. A. Apollonio for City Registrar. Accepted. 
Seut dowD. 

On motion of Alderman Viles, an election was 
ordered. Committee— Aldermen Viles and Slade. 
N. A. Apollonio had 12 votes and was declared 
elected on the part of the Board. Sent down. 

DEER ISLAND WHARF. 

Alderman Viles preseoted tbe followiug: 

Feb. 3, 1879. 

To the Honorable Citij CouncU of the City of 
Jlostov : Gentlemen — The Board of Directors for 
Public Institutions respectfully represent tbat in 
consequence of the bad condition of the wharf at 
Deer Island, the City Engineer was requested to 
examine and report upon its condition. In re- 
sponse to this request a report has been received 
from which the folio wing statement was sub- 
mitted: 

"The piles of the old part of the wharf are so 
badly eaten by worms that but little dependence 
can be placed upon them; several of them have 
disappeared entirely, and others are hanging by 
their tops to the superstructure. Extensive re- 
pairs will therefore be necessary. Some of the 
floor stringers may be used again. The cost of 
rebuilding the wharf in the best manner possible, 
leaving its outline as at present, will be about 
seven thousand dollars. The cost of rebuilding 
with a third face so as to give a berth on the lee 
side in case of storms, will be about nine thou- 
sand dollars. 

"Respectfully submitted, 

"Joseph P. Davis, City Engineer." 

At a meeting of the board held on the 31st 
ultimo, this communication was considered by 
the board, and it was deemed for the best inter- 
est of the city that the wharf should be enlarged 
at the time it is repaired, and it is expedient that 
the work should be commenced as soon as practi- 
cable. The President was authorized to request 
the City Council to transfer from tbe House of 
Industry appropriation the sum of nine thousand 
dollars ior the purpose of enlarging and repairing 
the steamboat wharf at Deer Island in accordance 
with plans and estimates submitted by the City 
Engineer. This amount can be spared' from the 
House of Industry appropriation tor the present 
year. Respectfully, 

Samuel Little, President. 

Alderman Viles— This wharf was built in 1854. 
Some repairs have been made upon it and it was 
enlarged in 1868. It is now in rather a dilapidated 
conditioc. The directors have had it under con- 
sideration for the last two or three years whether 
it would answer or not. They have made it do 
until this time. We considered it this year, and 
had the City Engineer examine it. He has re- 
ported that it is unsafe and what is best to do. 
By having a transfer from the appropriation for 
the House of Industry we can do it this year 
without coming to the Government for an addi- 
tional appropriation. The usual courtesy would 
require the reference of this matter to the Com- 
mittee on Public Institutions, but in order to 
make haste I would ask its reference to the Com- 
mittee on Finance. I have seen one or two mem- 
bers of the Committee on Publia Institutions and 
they make no objection to its going to the Com- 
mittee on Finance. 

The communication was referred to the Commit- 
tee on Finance. Sent down. 

FRANKLIN FUND. 

Alderman Viles submitted the folio .ving: 
The committtee appointed to examine the ac- 
counts of S. F. McCleary, Treasurer of the Frank- 
lin Fund, have attended to that duty, and report 
that they find said accounts have been correctly 
kept, the interest duly collected, and the securi- 
ties, which were examined by the committee, 
were found in proper condition. It appears from 
this examination that the condition of this fund 
is, at this date, as follows: 

Amount of fund Feb. 1, 1878 j?229,726.40 

Interest accrued and collected 0,762.85 

8239,4:89,25 
The above sum is invested as follows: 
Deposits in Massachusetts Hospital Life 

Office ^37,400.23 

Eleven loans on bonds 1,945.00 

Provident Institution for Savings 15.65 

Suffolk Savings Bank 127.69 



Gash . 



.68 



8239,489.25 
Respectfully submitted, 

'i':T^^%l^.'-\ Coa.mittee. 

Accepted. 

legislative matters. 

Alderman Stebbins presented the second re- 
port of the Committee on Legislative Matters, 
giving the various petitions and bills presented 
in the Legislature in which the city of Boston is 
interested. Accepted. Sent down 
paving reports. 

Alderman Slade submitted the following from 
the Committee on Paving: 

Report that leave be granted John Cavanagh 
& Son to move a wooden building from 574 Dor- 
chester avenue to Preble street. 

Report that J.Donnelly & Sons have leave to 
erect a bill board against the fence at the corner 
of Tremont and Ferdinand streets. 

Severally accepted. 

market. 

Alderman Slade submitted a report from the 
Committee on Market, that J. F. Hilton have 
leave to transfer one-haU of his right and title in 
and to the stalls 5 and 7, Fanenil Hall Market, to 
Allen H. Jones. Accepted. 

inspection of prisons, etc. 

Alderman Pope offered an order — That a 
special committee be appointed to inspect the 
prisons and houses of detention within the coun- 
ty of Suffolk, and to make the examinations and 
reports required by the statutes of the Common- 
wealth. Passed, and Aldermen Pope, Slade and 
Break were appointed said committee. 

THE QUINOY MEMORIAL. 

Alderman Tucker offered an order— That his 
Honor the Mayor, with Aldermen , be ap- 
pointed to have charge of the erection of the 
statue of Josiah Quincy, under the contract made 
with Thomas Ball. Read twice and passed, and 
Aldermen Tucker, Stebbins and Kelly were ap- 
pointed on said committee. 

PUBLIC LANDS. 

Alderman Kelly offered an order— That the tax 
for the year 1875 assessed to Joseph H. Billings's 
heirs for land on the southerly side of Mt. Vernon 
street. West Roxbury, and amounting to $13.70, be 
cancelled, the city having taken possession of the 
same. Read twice and passed. Sent down. 

PAY OF LABORERS, 

Alderman Kelly offered an order— That the Com 
mittee on Ordinances be requested to consider 
the expediency of reporting an ordinance by the 
provisions of "which the laborers in the city em- 
ploy may be paid oftener than once a month, 
Read twice and passed. Sent down. 

INSPECJOR OF MILK. 

Alderman Kelly ofl«red an order- -That the 
Committee on Health be requested to consider 
the expediency of transferring the duties of the 
Inspector of Milk to the Police Department. 
Passed. Sent down. 

COMMITTEE ON FENCE VIEWERS, ETC. 

Alderman Flynn offeied an order — That two 
members of the Board of Aldermen be appointed 
to norainate candidates for the offices of fence 
Viewers, field drivers, inspector of,)ime, and culler 
of hoops and staves. Passed, and Aldermen 
Flynn and Bell were appointed on said commit- 
tee. 

INCORPORATION OF THE CITY HOSPITAL. 

Alderman Slade— For the first time since I have 
been a member of this Board of Aldermen I put 
in a notice of a motion to reconsider, and that is 
in regard to the vote by which was passed the 
order to authorize the Mayor to petition for an 
act to incorporate the trustees of the City Hospi- 
tal. I don 't know how that got by me a week 
ago. I did n't notice it. We had several legisla- 
tive matters before us, and my attention was 
called away for the time being. But this is rather 
an important matter, and it seems to me it ought 
to be referred to some committee. I don't know 
how it got here. I think that some committee of 
this Board, and, perhaps, the Committee on the 
City Hospital, had better have this subject under 
consideration before we pass it. I am very 
strongly opposed to making any more commis- 
sions or boards of trustees unless there are very 
strong reasons for it. I had supposed the City 



FEBRUARY 



1879 



75 



Hospital ot Boston to be the most popular hospi- 
tal in the country. It has been so considered by 
people here and others. I am very loth to do any- 
thing here in this matter until it has been thor- 
ougbly investigated by some committee who -will 
give us some reasons. 1 therefore ask to have it 
reconsidered, lor the purpose oi: referriug it. 

Alderman Stebbins— I suppose it Is my duty to 
say a single word upon tbls subject. This pro- 
posed change was brought to tne attention ot the 
City Council by Dis Honor the Mayor in his annu- 
al address. Tbat portion of the address was re- 
ferred to the proper committee, and after a care- 
ful consideration they reported as they bave. 
The committee bad before "them the president of 
the Board of Trustees of the City Hospital, and 
the superintendent, Dr. Cowles. Their state- 
ments seemed very conclusive to the committee 
that it was for the best interest of the city that 
the hospital should be iccoiporated In a manner 
similar to that of the Public Library. The ad- 
vantage to be gained by the act of incorporation 
is, that it is thought that the hospital will be en- 
dowed v^ith larger contributions and donations 
than at present. Since its establishment there 
have been given to the hospital but 5R29,000 as a 
permanent fund, the iucomt; of which is ex- 
pended for various purposes. It is known 
to the Board ot Trustees of the hospital that 
some large donations have been lost in con- 
sequence of the character of the Board of 
Managers, which was not such as to meet the en- 
tire confidence of the people who have money to 
bequeath for purposes of this kind. Of course 
the great success of a hospital like this is in the 
future— a hundred years from now. The City Hos- 
pital a hundred years from now ought to have 
sufficient funds to maintain it, as some of the 
hospitals in London have. It was for this pur- 
pose that the committee reported the order rec- 
ommended by the mayor, that it might have the 
advantage of the beaiiests which would be given 
■with more readiness if the Board of Managers was 
changed. I have taken the liberty to ask Dr. 
Cowles, the superintendent of the hospital, to 
be present, knowing that the Alderman had made 
a motion to reconsider, and will take the libeity 
to ask him to give the reasons which have in- 
duced him to ask that a longer term of service be 
given to the Board of Trustees. I move that Dr. 
Cowles be allowed to tell the reasons why such a 
Change would be desirable. 

The motion prevailed and Dr. Cowles came for- 
■ward and made a statement. 

Dr. Cowles — Mr. Chairman and Gentleoaen : As 
I understand it, the prime object of the recom- 
mendation for the incorporation of the hospital 
is that it may gain greater permanency in its 
government. I have prepared a list of the gentle- 
men who have served as trustees during the ex- 
istence of the hospital up to the present time. 
The board consists of cine members. Six are ap- 
pointed from the citizens at large, and three an- 
nually from the City Council, the number ot 
trustees who have served the hosiiital, under the 
working of the present system, is fifty; and the 
list shows that ot these fifty trustees, twentj- 
eight were appointed from the City Council and 
have served only one year. Ten others have 
served in both capacities, from the City Council 
and from the citizens at large. Only twelve of 
the fitty were selected from the citizens at large 
during the fifteen years, of whom nine were ap- 
pointed at the organization of the hospital. That 
was at the period ot six years ago when there was 
an entire reorganization" of the hospital. Aside 
from these there were four trustees in the alter- 
nate course of affairs from year to year 
who were selected from the citizens at 
large. In the next place an analy- 
sis of the list shows that of the fifty trustees, nine- 
teen have served the hospital only one year, two 
tor nine years, nine for tv?o years, eight for three 
years; rriaking thirty-six of the fifty trustees, in 
til teen years, who served three years, or less than 
three years. Four trustees have served four years, 
and ten served longer terms, but only ten have 
served the hospital for a peiiod of five years or 
more. The average length of service in the fif- 
teen years has been about two and two-thirds 
years. If the plan indicated in the new arrange- 
ment of the 1-ublic Library is adopted, so that 
each trustee shall serve five years, it will certain- 
ly contribute to the permanency ot the institu- 
tion and infrequency of change in comparison 
with the present management. The eftect of the 
present ariangemeot is that few ot the trustees 
serve tor the periods as long as it is desirable 



to have them serve, in order to become ac- 
quainted with the details of the man- 
agement. Naturally most of the members 
serve for a short term, and those who serve 
for the longer terms are upon the important com- 
mittees; and naturally the conduct of affairs re- 
sides in a lew individuals, which it would not do 
it the term of service of the more permanent 
members was five years. In regard to the trust 
funds, there are now funds amounting to thirty- 
nine thousand dollars, which have been accumu- 
lated during the fifteen years of the hospital. 
They were given to the hospital for particular 
purposes. Bequests have been made amounting 
to sixty thousand dollars, which come to the hos- 
pital as tne residuary legatee, after a while, to be 
used without restrictions whatever, at the discre 
tion of the trustees. It is a tact wittwn our knowl- 
edge that a certain bequest was to have been 
made — not a very large one, to be sure, but indi- 
cating the fact that the hospital nas now arrived 
at such a degree of maturity that it is attracting 
the attention of the public who are interested in 
charitable things and are willing to make bequests 
for charitable purposes. This bequest was in- 
tended to be made, but was withdrawn on the 
ground tbat the trustees were not incorporated. 

Alderman Viles — Do the present trustees favor 
this? 

Dr. Cowles— Yes, sir, the President of the Board 
of Trustees was before the committee, but the 
trustees have not expressed their preference by 
any oilHcial act. 

iilderman Stebbins — What is the opinion ot the 
medical profession and those who have taken a 
deep interest in the hospital, in reference to the 
proposed change? 

Dr. Cowles— That matter has been talked of very 
generally among the hospital stafi' and the trus- 
tees tor more than a year, and the universal feel- 
ing is that it ought to be done, and it is very 
much desired by the medical staff of the hospital. 
I have heard no contradictory statement or objec- 
tion made. 

Alderman Flynn — I would ask Dr. Cowles if he 
believes it can be carried oii more economically 
by a board ot trustees appointed by the Mayor 
than it is now by a board elected by the City 
Council ? 

Dr. Cowles— I believe so, because it certainly 
conduces to the advantage of the true econ- 
omies of the City Hospital, because it must 
conduce to more knowledge of the wants of the 
hospital in a board of longer service. 

Alderman Slade— I don't wish to ask any ques- 
tions particularly, if the gentleman has got 
through. I am loth to believe that this hospital 
will ever be run so economically if it is put direct- 
ly out of the hLnds ot the City Council, as pro- 
posed, as it has been up to the present time. 
There is always something more to be done; there 
is always something more wanted, and the city 
has got to back it up and pay the bills. Take the 
Public Library. It is costing the city from one to 
two hundred thousand dollars a year; it has many 
donations, and still there is more required. To- 
day the trustees are clamoring for a new build- 
ing which will cost a very large sum of money. 
They want a larjiC and expensive and elegant 
building. There Is no end to it. I cannot hardly 
believe today that these donations which would 
be given to the City Hospital would be of any ben- 
efit to the city of Boston, because there is a con- 
tingency created and a very large expense re- 
quired to carry the thing along As I said in the 
first place, the hospital has run very well so tar. 
It is a popular institution, if I understand it 
aright, and why not let it be as it is? Why go to 
trying experiments? I hardly believe this is a 
proper thing to do. At all events, I shall vote 
against it uiitil I can see that it is of more advan- 
tage to the city to make the change than I have 
seen. 

Alderman Stebbins— The Board have all the 
facts which the committee availed themselves of. 
It is a matter ol jutigmeut for them to jiass upon. 
It was recommended by the Mayor ana met with 
the favor of the committee. It is for the Board to 
say whether it is correct or otherwise. 

Alderman Kelly— It is evident that whatever is 
to be done must be done tonight, in order to reach 
the present Legislature, because the 6th of Feb- 
ruary is the last day on which any bill or petition 
can be presented. Theretorw, whatever is to be 
done, must be done tonight. Alter the explana- 
tion ol the Superintendent, I am satisfied that so 
many changes iu an institution like the City Hos- 
pital, or any other large institution, is very detri- 



76 



BOARD OF AXjIDERIVLEISI 



mental to its interests. I believe the average 
term of service bas not been more than three 
years for those -who have been selected to have 
the care of the hospital. Now, sir, it is evident 
that if there is any one qualified to look after an 
institution like that, who are able to devote their 
time to it without consideration, certainly their 
experience is worth a great deal, and I should favor 
a change for that reason alone and nothiogelse. 
As to economy, I don't believe that putting the 
power out of the reach of the City (Government 
ever decreases the amount of expense, but in- 
creases it; and the library is a fair sample of it. 
I understand from one ot the attending physi- 
cians of this hospital, in asking him about the in- 
stitution, he thought it could not be improved in 
its general supervisions, and 1 have that from a 
man whom I would believe as quick as I would 
my own brother, and I believe he is as well quali- 
fied to judge as any other man in this country. I 
asked him expressly, because 1 had read the mes- 
sage of the Mayor, after hearing it, and I asked 
him if there is anything about the hospital to be 
changea, and he said the hospital as at present 
managed, in his estimation, is a most pertect in- 
stitution. It one great and good and wise man 
can say that much tor it, I teel that we have an in- 
stitution in the city of Boston to be proud of. I 
think that, next to the ferries, it is as wisely 
managed as anything can be, but I think that 
if the City Council could select the trustees for 
five years, instead of oue or two years, as now, it 
would be a great improvement. Whether the 
change here introduced would be able to do more 
I cannot say. If anything is to be done it should 
be done tonight, as it is the lastnigliC; and we 
can only do that by giving notice to the Legisla- 
ture that if it is jjassed by the Common Council it 
will be presented. I should like to have asked 
the doctor if they don't live rather high up there. 
I don't know that I blame them for that. I 
should hardly know how to avoid it myself. 

Alderman Slade— It is true it is a short time to 
consiaer the matter. But we have had a con- 
siderable number of matters come before us to go 
to the Legislature, and they hnve not been con- 
sidered or matured at all by any committee. 
Now, if this is a good thing, why is it not best for 
this Board, or a committee of this Board, to get it 
prepared to present to the next Legislature? 
This ought to keep all summer. I hope we shall 
reconsider and that it will be considered by some 
committee. 

Alderman Kelly— I am not sufiicjently versed in 
the tcatter to state, but I unrlerstsnd that by the 
ordinance we can change this so that the trustees 
can be elected for a longer time. 

The Chairman— The Chair understands that the 
City Council has a right to change the ordinance 
so that they can be elected for a longer time. 

Alderman Kelly— Then I shall vote for a motion 
to refer it to the Committee on Ordinances. 

The reconsideration prevailed, and on motion 
of Alderman Slade the order was referred to the 
Committee on Ordinances. Sent down. 

ABOUTIO>f OF POLL TAX AS QUALIFICATION OF 
VOTERS. 

Alderman Viles in the chair. 

On motion of Alderman O'Brien, the Board took 
from the table the order for the Mayor to petition 
the Legislature for such amendment of the State 
constitution as makes thepayrnent of a poll tax a 
qualification for voting. 

Alderman O'Biien— I do not intend to detain 
the Board by any lengthy remarks in relation to 
this matter; but there is a misunderstanding in 
the mind of the public about it. They reason on 
the supposition that the petiiioners for this meas- 
ure wish the abolition of all taxes — we have no 
idea of that kind— the wisdom of the Legislature 
of Massachusetts wishes to impose upon all citi- 
zens, no matter whether they are owners of real 
or personal estate or not. That is not the viues- 
tion. If the Legislature of Massachusetts believe 
that all citizens ought to pay a tax for the privi- 
leges of public schools and other public institu- 
tions, for the taking care of our streets, or for 
any other purpose, let them have it. But what we 
ask is that they should not make this tax a 
condition or qualification for a voter. You know 
the old story that has been told and repeated a 
great many times of the man who lived in a State 
where a property qualification prevailed. He 
happened'to own a donkey, which gave him all 
the requirements ot the property qualification, 
and he was a voter. But he unfortunately lost 
his donkey, and with it lost his vote; and the 



question came up whether the donkey voted or 
the man. That is the question now. Compel 
every man to pay |2 poll tax before he votes, and 
make it a condition and qualification of voting, 
and the question is, who votes, the .f2 or the man? 
I believe that all suffrage should be based on 
manhood, and on manhood alone. There are 
some few facts that I have accidentally obtained 
from the Collector of the city of Boston when he 
was before the Committee on Legislative Matters, 
and 1 should like to have the Board consider 
them. The average number of poll taxes in the 
city of Boston is 86,000, sixty percent, of which are 
paid, amounting to about 52,000 votes. Sixty per 
cent, only of the poll taxes of the city of Boston 
are paid— 52,000 votes— and forty per cent, do not 
pay, amounting, on the basis of 86,000, to 34,000 
votes. Of the sixty per cent, of poll taxes paid, 
some 10,000 are paid annually by committees 
and political organizations, which would leave 
the number who voluntarily pay about 41,000, 
against 41,000 who do not pay. Of this 
poll {tax, that you make a qualification and con- 
dition of voting, but .?41,000 are paid voluntarily 
in the city oi Boston — less than one-half the num- 
ber of polls issued. Ten thousand of them are 
paid every year by politicians foi selfish purposes 
to influence their election; and this money has 
elected members of Congress, Mayors of Boston, 
senators and members ot the Legislature, and it 
will continue to elect '^hem unless you repeal the 
provision. Of the forty per cent, who do not pay, 
about two-fifths tail to pay on account of poverty. 
I asked the Collector bow he ascertained this fact, 
and said he. You know we have a large force of 
inspectors who go around the city, and it is their 
business to collect this poll tax. He said the re- 
turns of the inspectors were so positive, and the 
marks of poverty were so clear and distinct, that 
there was n't the least doubt of it. Of the forty 
per cent, of the poll taxes in the city ot Boston 
which are not paid, two-fifths ot them are not 
paid because of poverty, and that would amount 
to $13,600. Now, Mr. Chairman, I should like to 
see these 13,600 voters of the city of Boston— I 
don't care about their poverty ; I look upon tueir 
manhood and citizenship— I should like to see these 
13,600 voters placed upon the same equality that 
the colored population of the South are. They 
are agitating the question of a poll tax now in 
South Carolina and other Southern States; and 
for what purpose? To put a limit upon the 
colored voter. If I was in South Carolina today I 
should oppof'e it just as much as I oppose it here. 
I should place them all upon an equality, and let 
manhood and citizenship regulate this matter. 
The other fifth who do not pay their poll taxes in 
the city of Boston are men who change their resi- 
dences and cannot be traced from year to year. 
I do not know that I have anything more to say 
upon this subject. It is n't a matter that requires 
any hasty consideration. As I stated previously, 
if the present Legislature repeals this poll tax, it 
has to go before rniotber Legislature and be in- 
dorsed by them, and i.efore it can become a law 
it must be indorsed bv the people. During the 
three years this question can be discussed and its 
merits fully known, and even if we pass this or- 
der tonight, there is no reason to think it will 
lead to any hasty action on the part of the Legis- 
lature, because there are provisions in the consti- 
tution requiring them to act upon it twice in suc- 
cession, and then it has to be acted upon by the 
people of the State. 

Alderman Slade — The speech of the Alderman 
would be appropriate in the Legislature, and I 
don't know thi»t it is inappropriate here. My 
principal objection to the order is that I am satis- 
fied there ate a large number of people in Boston 
who do not believe in it, and I don't believe I 
have any right to«peak for them. J don't believe 
that I, as a membtr of the City Council, have any 
right to vote for this order. 1 miaht go before 
the Legislature, or before a caucus, or any other 
place where this matter is agitated, and perhaps 
talk differently from what I should here ; but 
standing here, as a member of the City Council, I 
don't feel that I have any right or business to 
commit the city of Boston to this proiect. It is 
already before the Legislature, and has been 
brought before them in "proper form, and I object 
to this going to the Legislature in this manner. 

Alderman Kelly- -I do not apprehend that any 
order we shall iiass by a unanimous vote here will 
have any efliect upon the Legislature. I have not 
the slightest ground for supposing that a matter 
of this kind would affect the Legislature at all. 
Neither do I, as Alderman Slade has asserted, 



FEBRUARY 



1879 



77 



want to express an opinion for somebody who has 
not asked me tor it. I shall simply express my 
own opinion here. I believe that a man who 
is a citizen of the Unitea States, who has 
been a resident of the State of Massachusetts one 
year, and a resident of the town in which he lives, 
if he is sane and twenty-one years old, should be 
a voter. I don't believe that the qualification of 
writing, reading or paying a poll tax has any thing 
to do with the right to vote. I have known oflS- 
cers of ships who could neither read nor \irite go 
as far as the second officer of a ship, and be as 
good officers as ever stepped on a ship's deck. I 
know women and men who can neither read nor 
write, and they know a great deal more than 
many people who undertake to make laws for us. 
God blessed them with a good deal of common 
sense, and that is an article which many a man 
who is a scholar does not possess. Now, the gen- 
tleman referred to the donkey; audit is a tact. 
It was an idea of Franklin's, and it was told in 
Pennsylvania. It was the law of Pennsylvania 
that a voter should own forty shillings' worth 
of property. A man investea that amount in 
a jackass, and while the jackass was living 
he was a voter; and when he died he was n't. 
The question that Franklin put in that con- 
vention was, Was it the jackass that voted, or the 
man ? If I were going to fix any qualification at 
all, I say examine a man and ask him if he ever 
reads the constitution of the United States or the 
State of Massachusetts. Can you comprehend 
what it means? A.nd do you know what voting 
means? Do you know what liberty means? 
Those are the qualifications to be put to a man ; 
but they never are. Pay tvio dollars and you can 
vote, it you are a natural-born fool. Therefore, I 
am opposea to disfranchising a man because he 
does not pay two dollars poll tax. The gentlemen 
who oppose this know that negroes can go to the 
polls and vote without paying a poll tax, and they 
can leave their crops in the ground to rot; it is all 
right, and they are free men. All that a man has 
to do, even if he don't know his own name, is just 
to say that he votes the right ticket, and he can 
vote. I don't believe that passing the order 
will be worth the snap of a finger. I don't believe 
that any man who went to the war and lost a leg 
should be prevented from voting because he can- 
not spare two dollars to pay a poll tax. I believe 
it is unjust. 

Alderman Stebbins— One of the ablest reports 
ever submitted to the American people upon the 
question of taxation and the government of cities 
was that of the commission appointed by Samuel 
J. Tilden when he was governor of New York. 
The chairman of this commission was no less a 
person than ihat distinguished Democrat, Charles 
O'Conor of New York city. I consider it the 
ablest report on the subject which has ever been 
put upon record. In this report the commission 
take the ground that taxation and representation 
should go hand in hand, that no person should be 
allowed to legislate away the people's money un- 
less he contributes in some degree toward the 
common fund. It made a deep impression upon 
my mind when I read it, coining from such high 
and distinguished Democratic authority. I must 
say I still adhere to that position today, that tax- 
ation and representation should go hand in hand. 
It does n"t seem to be a question that a man 
shall be obliged to pay the small sum of two 
dollars for the advantages which he receives 
from the Government. I am glad the Alderman 
on my right alluded to the attempt to de- 
prive th3 colored people of the votes in the 
South. It is the policy of the Democratic party 
at the South to impose this poll tax to prevent the 
colored people from voting. But, as I said before, 
I think the policy is right, that taxation and rep- 
resentation should go hand it hand. I am willing 
to sry that I so believe, and I place my belief on 
no less authority than such a distinguished Dem- 
ocrat as Charles O'Conor of New York city. 

Alderman O'Brien— I do not look upon this as a 
question of Democracy or Republicanism. I have 
no more respect for the opinion of Charles O'Con- 
or, although a very distinguished lawyer, than I 
have for the opinion of any other citizen in rela- 
tion to this matter. The result of that very dis- 
tinguished and able report was that it fell dead 
the day it was issued and it never has been resur- 
rected. I don't believe but a very small minority 
of the people of New York would adopt such a 
report. It lies dead and has not been taken up 
and aiscussed since it was issued. They not only 
recommend, as the gentleman says, that taxation 
and representation should go hand in hand, but 



that no citizen should have the privilege, 
if I remember rightly, of voting on any 
question of the expenditure of money for 
any purpose unless he was a property hol- 
der. It was a change from our present system, 
which bases suffrage on manhood. The whole of 
the report based the vighc to suffrage on proper- 
ty more than anything else, and was a direct con- 
tradiction of the spirit of our institutions. This 
old conservative lawyer of New York, who has 
not been in very good health for a number of 
years, may like a very strong government, but in 
that respect I cannot agree with him. I believe 
in manhood suffrage, and if a hundred distin- 
guished Democratic lawyers thought differently, 
I should see fit to disagree with them. 

Alderman Kelly — I am very glad to have Mr. 
O'Conor alluded to. I know he is a distinguished 
lawyer, but I never read his report. I am very 
glad he has affected my friend, and I hope he will 
continue to read after such men, for 1 think it 
will be of advantage to him. I admit that Mr. 
O'Conor is the ablest lawyer in this country, but 
I don't know that I care to read his report on 
suffrage. I have read Parsons and others 
on the rights of citizenship. I don't want 
to take up tlie time, but to say just here, what are 
the burdens of government? Is it the amount of 
the property that a man owns? The gentleman 
opposite may deal in flour, and he may sell mill- 
ions of barrels a year and he may make a dollar 
on each barrel. But of that wheat and grain he 
never producea a barrel. The question is. Who 
contributed it? The few men who trade, or the 
few middle men we come in contact with? Or is 
it the great mass of people? A man may sell a 
barrel of flour and make something on it each 
time, but he does n't contribute one thing to sus- 
taining life. If I grow rich, it is not by my labor 
alone. I may be honest, or cunning or designing, 
and I may be straightforward in my business ,but 
I may not produce more than is necessary for the 
necessaries of life. I cannot ao that without the 
aid of some one else's labor. The principle is 
wrong and it is entirely anti-republican, which 
says the amount a man owns shall be a qualifica- 
tion for approaching the ballot box. A man with 
not a dollar to spare is as much a man according 
to the institutions of our Government, ac- 
cording to the way I construe them, 
I don't say this for any class of peo- 
ple. I express my opinion just as I feel, if it 
was before the whole world, or before one person. 
I believe that God constituted all men equal in 
some sense. Some men can make money by in- 
genious work and by the construction of machin- 
ery, or by the multiplication of what is produced 
by another man's hand. But because we are 
lifted up, step by step, by another's hands, it 
makes us no better. I laave seen a man within 
two months in the city of Boston whom I have 
seen with a good mercantile business, come to 
me with tears in his eyes and ask for one dollar 
that he might get a dinner; and that man is just 
as qualified to vote as any man with ten millions 
of money. But he was unfortunate. The Alder- 
man opposite may be so one of these days. I say 
that the stipulation of .f2 as a qualitication for 
voting is a narrow-contracted, thin policy. I be- 
lieve that suffrage should rest on manhood itself. 
Now you can vote just as you choose to. 

Alderman Stebbins— I propose to do that. This 
is not a question of sympathy. If it was, my 
heart would go hand in hand with the Alderman. 
But this is a question of pure business, and it is 
not to be settled by our sympathies for any man, 
whatever his condition in life. If the Alderman 
would adopt manhood as a qualitication for suf- 
grage, why not remove all barriers? 

Aiuerman Kelly— I believe in constitutional 
citizenship. I have that in front of my house. 

Alderman Stebbins— Now, sir, tiiis question of 
taxation and representation, and what shall con- 
stitute it, is troubling: the great State of Pennsyl- 
vania at the present time. The question has been 
presented to the Legislature year alter year, as to 
the best method of municipal government; and at 
last a commission of some of the ablest men in 
the State, representing ail political parties, was 
appointed, and they have recently submitted 
their report to the Governor. I have had a copy 
presented to me bv a gentleman in this city whom 
I consider one of the best exponents of municipal 
law in this city, and one of the conclusions ar- 
arrived at by that commission is this: 

"The second of the proposed amendments pre- 
scribes, as a qualification for voting at a city elec- 
tion, the payment of some city tax, either upon 



78 



BOARD OF AXiUEJaM-Iil^J. 



property or occupation. This is iu analogy to a 
similar provision now in the constitution, desig- 
nating the prepayment of a State or couuty tax 
as a qualitication for voting at any election. The 
principle that the voter should have some partici- 
wation. however slight, in the public burden, and 
some interest in the application of the public rev- 
enue, applies with more force to city elections 
than to those of the State or county. While, for 
reasons that have been before adverted to, the 
commission are not prepared to recommend a 
properly qualification, it seems desirable that 
some distinct qualification for voting at municipal 
elections should be required. Ic seems to be a 
self-evident ijropo.sitiou that where a community 
has attained sufficient proportions to entitle it to 
a form of city government, qualification for the 
exercise of the elective franchise at the city elec- 
tions ought to have some relation to the func- 
tions of the particular form of government under 
which it is proposed to be exercised. The pay- 
ment of a C'ty tax appears, therefore, to be'a 
proper requisite for voting at the municipal elec- 
tions, v;hich the payment of a State or county tax 
does not supply." 

1 So if gentlemen do not like the distinguished au- 
thority I have cited from Nevp York, I present the 
latest report, and what is considered the best au- 
thority in this country, a commission comi^osed of 
men of both parties recommending the applica- 
tion of the poll-tax system iu order to secure a, 
letter form of municipal government in the great 
State of Pennsylvania. 
The order was rejected— yeas 4, nays 8- 



Yeas— Aldermen Breck, Flynu, Kelly, O'Brien 
—4. 

Nays — Aldermen Bell, Hayden, Pope, Robinson, 
Slade, Stebbins, Tucker, Vlles— 8. 

ALDERMANIC DISTRICTS. 

On motion of Alderman O'Brien, the Board 
took from the table the majority and minority re- 
ports on the subject of aldermanic districts. 

Alderman Kelly — I will say a few words, and 
will then make a motion to settle that matter. I 
offered the order in good faith, leaving it open 
for some gentleman, who is liberal, to make sug- 
gestions for the division of the city. I was in 
hopes that it would be left to the Committee on 
Ordinances or to the Mayor to appoint a 
commission to divide the city into twelve 
districts, and to submit it to the City Council for 
consideration. The divisions made by the gentle 
man opposite were apparently fair upon their 
face, and those of the President of the Council 
seem to be a great deal fairer; but neither of 
them would be suitable to my ideas of just what 
should designate the districts of the city. As it 
was not received in as good faith as I intended, I 
move that the subject be indefinitely postponed. 

The motion prevailed. 

A PROTEST. 

Alderman Stebbins said he had received a bill 
from ex-Al(lerman Whidden, protesting against 
his name being upon a bill for a ainner on the 3d 
of January, and on motion of Alderman Stebbins 
the letter was read, and the City Clerk was direct- 
ed to file it with the bill in question. 

Adjourned, on motion ot Alderman Slade. 



79 



COMMON COUNCIL, 



CITY OF BOSTON, 

Proceedings of the Common Council, 

F^EBRUARY 6, 1879. 



Regular meetiog at 71/2 o'clock P. M., William 
H. WhittDore, President, in the chair. 

As sooD as tbe Ooancil had been called to order 
Mr. Coe of Ward 23 said— I move that business be 
taken up in the regular oider as found upon the 
programme upon the meml'ers' desks. 

The President— The motion is not in order. 

Mr. Coe — I would like to ask why the motion is 
not in order, as it is a question ot order. 

The President— The Chair understands that the 
papers are sent down, and according to the rules 
are in his custody. The programme has not been 
prepared by him or with his advice and judg- 
ment, and he has been informed by the Clerk that 
this matter is within the discretion of the Chair. 

PAPERS FROM THE BOARD OF ALDERMEN. 

Reports ot city oflScers were placed on file. 

Petitions referred in concurrence. 

Reference to Committee on Finance of a re- 
quest for a transfer of $9000 from the appropria- 
tion for the House of Industry, for the purpose of 
enlarging and repairing the steamboat wharf at 
Deer Island. Concurred. 

Reference to Committee on Ordinances of a re- 
port and order to petition for an act to incorpo- 
rate the Trustees of City Hospital. Concurred. 

Report in favoi and relerence to Board of 
Health of the report, ot last year, on the subject 
of the disposition of the bodies of deceased pau- 
per-i. Concurred. 

Renort of inexpedient to take further action on 
petition of L. D. Welby and others, for a public 
hearing in relation to alleged corrupt and illegal 
practices at primary meetings. Accepted in con- 
currence. 

Report ot leave to withdraw on petitions of 
Lewis Jones & Son and W. J. Dale, M. U., and 
others, that the City Registrar's Department be 
placed in charge of the Board of Health, and in- 
expedient to ask for legislation. Accepted in 
concurrence. 

Order tor the Committee on Ordinances to con- 
sider the expediency of reporting an ordinance 
to provide for payment of laborers oftener than 
once a month. Passed in concurrence. 

Order to cancel the tax (flS.TO) lor 1875 on land 
formerly of J. H. Billings's heirs on the south side 
of iMt. Vernon street, West Roxbury. Ordered to 
a second reading. 

Order to consider the expediency of transfer- 
ring the duties of Inspector of Milk to the Police 
Department. Passed in concurrence. 

Report and order for the Committee on Ordi- 
nances to report on the expediency ot preparing 
a digest of the city charter and the statutes af- 
fecting the city. Order passed in concurrence. 

ELECTIOKS. 

Several elections were on the programme, hav- 
ing been laid over from the last meeting. 

Superintendent of Public Lands. A certificate 
came down of the election of Robert W. Hall On 
motion of Mr. Bunten of Ward 8, an election was 
ordered. Committee— Messrs. Rosnosky of Ward 
IG, McGahey of Ward 7, Bunten of Ward 8. 

Whole number of votets 65 

Necessary for a choice , 33 

Kober "AV. Hall bad 29 

Jerome S. McDonald 35 

Blank 1 

Mr. MoD jnald was declared elected in non-con- 
currence. Sent up 

Assessors of 'faxes. A certificate came down ot 
the leelection of the present Assessors of Taxes, 
who were renominated by the standing committee 
on that department. The report was accepted in 
concurrence. The nominations were laid over. 

City Begistrar. A report came down nomi- 
nating N. A. ApoUoiiio as City Registrar, with 
certificate of his election by the other branch. It 
was read, and the President began to read the 
certificate of his election by the other branch. 

Mr. Mowry of Ward 11— I move to proceed to 
the election of Principal Assessors. 

Mr. McGaragle of Ward 8—1 claim that that is 
out of order, as all elections have to lay over 
under the rule. 

Tne President— The Chair thinks both gentle- 



men are out of order, as the Chair had begun to 
read another document. 

The report nominating N. A. Apollonio was ac- 
cepted in concurrence, and the nomination was 
laid over. 

City Engineer. A certificate came down of the 
election of Joseph P. Davis as City Engineer. 

Mr. Mowry of Ward 11 moved to proceed to an 
election. 

Mr. Sweeney of Ward 2 moved to specially as- 
sign the election of City Engineer to next Thurs- 
day evening, at eight o'clock. 

Mr. RosnosKy ot Ward 16 moved that when the 
vote be taken it be by yeas and nays. 

The yeas and nays were ordered." 

The motion to specially assign prevailed— yeas 
35, nays 31: 

Yeas— Messrs. Anthony, Barry, Bowker, Braw- 
ley, Bunten, Cannon, Cavanagh,Chri8tal, Costello, 
Denney, Devine, Devlin, C.F. Doherty, J. J. Do- 
herty, J. Doherty, Furlong, Hayes, Kelley, Ken- 
dricKen, Kidney, Locke, Lovering, Maguire, 
McGahey, McGaragle, McLaughlin, Mullane, Mur- 
phy, O'Brien, O'Dowd, Rosnosky, J, A. Sawyer, 
Sweeney, Swift, Taylor— 35. 

Nays— Messrs. Austin, Blakemore,Brown,olapp, 
Coe, Colby, Dudley, Fisher, Greenougb, Hart, 
Healy, Howard, Lauten, Morrison, Mowry, Nason, 
Parkman, Perkins, Plimpton, Pray, Rust, H. N. 
Sawyer, N. Sawyer, Shepard, Sibley, Stearns, 
Sweetser, Ward, Wheeler, Wolcott, Wyman-31. 

Absent or not voting— Messrs. Brintnall, Han- 
cock, Hilton, Morgan, WooUey— 4. 

Mr. Blown of Ward 23 moved that the Council 
adjourn. Lost. 

City Surveyor. A certificate came down of the 
election of Thomas W. Davis as City Surveyor. 

Mr. Rosnosky of Ward 16 moved that this elec- 
tion be laid over until next Thursday evening, at 
a quarter-past eight o'clock. 

Mr. Mowry of Ward 11— I would ask the gentle- 
man's reasons for moving to lay it over. 

Mr. Rosnosky— Id answer to the gentleman 
from Ward 11, the reason is, I think we have far 
more important business to attend to this even- 
ing than to waste our time by going into an elec- 
tion. 'I'hat is my reason. 

Mr. Mowry— It seems to me we have a smaller 
amount of business on tbe docket tonight than 
usual. It seems very evident, by looking at the 
docket, that the business is of comparatively 
small importance. It seems to me to be very de- 
sirable to proceed to an election of these officers. 
They are well-known and tried officers, and it is 
better to proceed to an election, so that they can 
enter upon their duties for the ensuing year. 

Mr. Rosnosky — I hope this motion will prevail. 
I have seen the gentleman from Ward 11 willing 
to vote for a motion t<? adjourn. When it was 
wanted to lay one question over, I have seen it 
when we could not get an adjournment. I rose to 
ask for an adjournment a year ago on the Police 
Commission, and could not get it. The majority 
refused to adjourn, and I claim that the majority 
should rule now. 

Mr. Christal of Ward 8— One reason why I 
should like to have these nominations laid over is 
that a great many ot the members of the Council 
are new members this year, and are not acquaint- 
ed with the officers; ana by giving them a week's 
time it will give them an opportunity to know 
those gentlemen and become familiar with their 
qualifications for the office. That is one reason 
why we want delay. 

Mr. Mowry of Ward 11— in reply to the gentle- 
man last up I would say that these elections were 
laid over one week to giye the members that op- 
portunity. They are well-known ofiicers of this 
municipality, and it is no use to lay them over for 
another week. 

Mr. Barry of Ward 22—1 would ask the gentle- 
man what harm can be done by laying them over 
a week longer. If they are such good ofiicers it 
will do no harm to them to let the nominations lay 
over a week. I think the reasons given for lay- 
ing them over are good ones. The gentlemen 
will then have an opportunity to look into the 
qualifications ot these men. 

Mr. Perkins of AVard 17—1 hope this motion vrill 
not prevail. I think the reasons ofl'ered by tne 
gentlemen who are in favor of having these elec- 
tions laid over for another week are not good. 
Many of these gentlemen who are in office have 
served the city faithfully and long, and for one 
I hope we shall proceed to an election to- 
night of all these officers on the list. 

Mr. Parkman of Ward 9—1 do not see any rea- 
SOD whatsoever given by the gentleman who 



FEBRUARY 6 



1879, 



80 



moved to specially assigu this election for the 
next meeting. None ot the geuilemen favoring a 
postponement have given reasons which would 
move me to favor ^uch action in any respect. One 
reason has been given, that the new members of 
the Council may like to examine ttiese candidates 
and see whecher they will vote for them. As a 
new member of the Council I can say that I sup- 
pose everybody knows that we have had these 
nominations before us one week, and I think we 
are as fully competent to make up our n inds 
upon tne question tonight as we shall be one 
week from tonight, and I hope the motion will 
not prevail. 

Mr.Coe ot Ward 23— It is well known that the 
reasons given are not the true reasons. It is well 
known that this programme to be carried out to- 
night was adopted at a meeting held in another 
room in anotber huilding. 

Mr. Rosnosky of Ward 16—1 rise to a point of 
order, that the gentleman is not in order. The 
question is the special assignment to next Thurs- 
day evening, and tbe gendeman on the floor did 
n't speak t'l the special assignment. 

Mr. Coe— I propose to speak to that ouestion. 

The President— The Chair is of the opinion that 
the only question to be debated is the special as- 
signment; but tbe gentleman will be allowed any 
reasonable limit in his remarks. There is no dis- 
position to cut ofC debate. 

Mr. Coe— I would say that this course is un- 
precedented. There seems to be no objection 
to any ot these men. They have been here many 
years and have performed their duties to the 
satisfaction of every one; and here it is proposed 
in this Council to (jomply with caucus dictation, 
which is the first time wichin my knowledge that 
it has been attempted here in this chamber. 

Mr. Brawley of Ward 19— My reason why the 
special assignment should prevail— the easiest 
way to settle this question is to take a vote upon 
it. I don't know that there is any objection" to 
-^^ny of these i-entletuen, and I don't think it is 
well to charge members of the Council with any- 
thing but what transpires here in the Council. 
What they do here as members of the CouuBil, 
their actions here, their voting and their remarks 
are what they should be called to account for by 
their brother members, and nothing else. I hope 
the assumption that the gentleman has made will 
not be considered as material in this case at all. 
It matters not what has been considered and what 
has not been considered outside. The question of 
layirg over tlie elections of one or more officers is 
perfectly legal and there is nothing discourteous 
in it. There is no objection made to the gentle- 
men. In fact I have reason to suppose that no ob- 
jection will be made. I hope we shall take a vote 
without getting into a heated discussion or mak- 
ing any charges. 

The motion to specially assign was declared 
carried. 

Mr. Coe doubted the vote, and called for the 
yeas and nays. 

The yeas and nays were ordered, and the motion 
to specially assign prevailed— yeas 36, nays 31 : 

Yeas— Messrs. Anthony, Barry, Bowker, Braw- 
ley, Bunten, Cannon, Cavanagh, Chrisial, Cos- 
teilo, Deoney, Devine, Devlin, C. F. Doherty, 
J. J. Doherty, J, Doherty, Furlong, Hayes, Kelley, 
Kendricken, Kidney, liocke, Lovering, Maguire, 
McGahey, McGaragle, McLaughlin, Morgan, Mul- 
lane. Murphy, O'Brien, O'Dowd, Rosnosky, J. A. 
Sawyer, Sweeney, Swift, Taylor— 36. 

Nays— Messrs. Austin, Blakemore-, Brown, 
Clapp, Coe, Colby, Dudley, Fisher, Greeuough, 
Harr, Healy, Howard, Lauten, Morrison, Mowry, 
Nason, Parkman, Perkins, Plimpton, Pray, Rust, 
H. N. Sawyer, N. Sawyer, Shepard, Sibley, 
Stearns, Sweetser, Ward, Wheeler, Wolcott, 
Woolley, Wyman— 31. 

Absent or not voting — Messrs. Brintnall, Han- 
cock, Hilton— 3. 

City Alessenger. A certificate came down of the 
election of Alvah H. Peters. 

Mr. Coe ot Ward 23 moved to proceed to a bal- 
lot. 

Mr. Sweeney of Ward 2 moved that the election 
of City Messenger be specially assigned to half- 
past eight next Thursday evening. 

Mr. Wolcott of Ward 11— I hope this motion will 
not prevail. 1 think there Is but one opinion 
about the efficiency of our present City Messen- 
ger, and in accordance with the nomination of the 
committee, I hope we shall proceed to a ballot 
now. If, however, this programme is to be car- 
ried out of postponing till next Thursday evening 
all the elections which come up in regular course, 
and if it is to be done by caucus dictation, I hope 



gentlemen will consent to include all the nomina- 
tions which would come up regularly this even- 
ing, and I hope we shall have a yea and nay vote 
upon it. 

Mr. McGaragle of Ward 8— To accommodate my 
friend from Ward 11, I will make a motion that 
the other nominations be laid over, and for a yea 
and nay vote. 

The President read tbe election certificates of 
William H. Lee as Clerk ol Committees and Will- 
iam F. Davis as Water Registrar, and no objec- 
tion oeing made, he stated the question to be 
upon laying tbem and the election of City Messen- 
ger over until the next meeting. 

Mr. Colby ot Ward 18— During my connection 
with the Council I have never known such a post- 
ponement without some reason. 1 should like 
some gentleman to give the reasons. I believe we 
are all well atquainred with the gentleman nom- 
inated for City Messenger, and I don't believe 
any one here wishes to make any inquiries as to 
his qualifications for that office. What I say of 
him 1 might say of all tbe others. If there is any 
reason why it should be postponed, I would like 
gentlemen to make those reasons known. 

The President— The Chair would inquire if the 
gentleman was present at the debate on the first 
candidate? 

Mr. Colby— No, sir; I was not present. 

Mr. McGaragle of Ward 8— There seems to have 
been a caucus that has caused a terrible influ- 
ence in the mind of the gentleman from Ward 23, 
Now, sir, if gentlemen don't want to go into an 
election tbey have a perfect right to so vote. I 
don't want to hurry any member. Now, sir, 
there have been some other caucuses besides the 
one alluded to, and tbe gentleman presided over 
one. riie gentleman on my right says he don't 
know anything about caucuses. I would like to 
know what they did at tbe caucus in his own of- 
fice, at 70 State street. 

Mr. Coe— Will the gentleman allow me one mo- 
ment? 

Mr. McGaragle— Wait until 1 get through and I 
will answer ail the questions you put to me. 

The President — the Chair would remind the 
gentleman from Ward 8 that the question is upon 
the special assignment. 

Mr. McGaragle— Certainly. I claim that I act in 
all fairness, so that there may be no charge of un- 
fairness. Now, sir, I know for one that there is 
nobody going to vote against the City Messenger. 
If he cannot afford to keep a week longer, then 
he is not tit for the place. Iam going to vote tor 
him, notwithstanding any party caucus or any- 
thing else. But if any large number of men in 
this body want it to lay over, and don't see tit to 
act upon It tonight, I am goina- to vote with them. 
When they get tired of la.ying it over 1 am going 
to vote a^ I see tit. 

Mr. Coe -I would like to ask the gentleman from 
Ward 8 who has just taken his seat, wnether in 
referring to the gentleman from Ward 23 he re- 
ferred to myself? 

Mr. McGaragle— 1 stiould say I had the honor to 
do that. 

Mr. Coe- Then I would say that the gentleman 
is mistaken. I have presided at no caucus held 
by the Republican members ol this Council. The 
Republican members have held no caucus since 
the ortianization of this body; and furthermore, 
they do not believe in running the City Govern- 
ment upon the caucus system. 

Mr. Rosnosky — I would answer the gentleman 
from Ward 23. I don't believe in caucuses. I 
don't believe in them, and hereafter we shall not 
have any held. 

Mr. Morgan of Ward 1.5—1 don't see, Mr. Presi- 
dent, what the holding ot caucuses has to do with 
the election of officials ot the Government. 
For myself I have not attended all the caucuses 
held by the Democratic members this year. 1 
shall vote for the special assignment because I 
am not acquainted with the geutlt'men nominated 
by the committees, and I desire an opportunity to 
investigate, that I may be enabled to vote intelli- 
gently. 

Mr. Sawyer of Ward 18—1 wish to correct the 
gentleman from Ward 8, in relation to caucuses 
being held at my office, No. 70 State street. There 
has been vo caucus of the Republican members of 
this Common Council, as he states, held at mv- 
office. No. 70 State street. 

The President— The Chair hopes gentlemen will 
confine themselves to matters here, and let 70- 
State street and other matters alone. (■! 

Mr. Cbristal of Ward 8 — The gentlemen must 
remember that about forty or fifty are new mem- 
bers here. I am inclined to think that gcnileineu 



81 



OOM.M.OJy COUNCIL 



are inclinecl to give the new menibers credit for 
more than we are entitled to. 1 chink that by de- 
lay we will do justice to the nominees, and I thinly 
that delay will be more to ibe credit of the par- 
ties to be voted tor than It it is not delayed. 

Mr. .Mowry of Ward 11 — I would ask the gentle- 
man if he is not well acquainted with A.lvab U. 
Peiers, and also with his capabilities as a City 
Messenger? 

Mr. Chrjsral — I would say that from what ac- 
quaintance I have had with Mr. Peters, for about 
two montbs, he seems to be a gentleman and en- 
titled to respect, and I shall vote for him. But 
tbere are other members not so well acquainted 
with him, and their feelings should be respected. 

Mr. Barry of Ward 22—1 happen to be one of 
the old members of the Council, and I have been 
well acquainted with the City Messenger, and I 
happen to be acquainted with the gentlemen from 
Wards 23 ana 11, and 1 would say I don't know 
why a gentleman should be required to give any 
reason for desiring a postponement of the elec- 
tions. I miuht be inclined individually to go into 
an election, but if I am not inclined to do so I am 
not lequired to give a reason. I do not think the 
gentlemen who favor a postponement are com- 
pelled to give any reasons. 

Mr. Brawley ot Ward 19— The motion to special- 
ly assign has been made and there is no doubt 
about the result; but 1 would suggest to the gen- 
tlemen from Wards 23 and 11 that perhaps It 
would be better, under the circumstances, that 
the merits of the gentleman should not be argued. 
1 have no objection urged against him, and I hope 
the gentlemen who have asked for reasons will 
see tbe feasibility of not having the merits of the 
officers touched upon. 

Mr. Perkins of Ward 17—1 certainly hope this 
motion will not prevail. So far, I have heard no 
argument in favor of it. One gentleman after 
another gets up and says he hopes it will prevail, 
but at the same time he gives us to understand 
that they have made up tbeir minds in regard to 
the different candidates and shall vote for them. 
If they are going to vote tor them next Thursday 
nigut why not voce for them tonight? I don't see 
any logic'in the argument. 

The motion to assign was declared carried. 

Mr. Colby doubted the vote and called for the 
jeas and nays. 

Mr. Barry of Ward 22—1 rise to a point ot order. 
The gentleman from Ward 18 did not make the 
motion in a proper way. He did not rise and ad- 
dress the Chair. 

The President— The Chair would be loth to en- 
tertain that notion, as he did not notice the gen- 
tleman from Ward 18. It is to be presumed that 
each gentleman complies with the rules unless 
the attention of the Chair is called to the neglect 
of them. 

The yeas and nays were ordered. 

The electiobs of City Messenger, Clerk of Com- 
mittees and Water Registrar were specially as- 
signed to the next meeting— yeas 36, nays 31: 

Yeas — Messrs. Anthony, Bariy, Bowker, Braw- 
ley, Bunten, Cannon, Cavanagb, Christal, Cos- 
tello, Denny, Devine, Devlin, C. F. Doherty, J. J. 
Doherty, J.DoherCv, Furlong, Hayes, Kelley, Ken- 
dricken. Kidney, Locke, Lovering, Maguire, Mc- 
Gahey, McGaragle, McLaughlin, Moigan, Mul- 
laue, Murpny, O'Brien, O'Dowd, Rosnosky, J. A, 
Sawyer, Sweeney, Swift, Taylor— 36. 

Nays — viessrs. Austin, Blakemore, Brown, Clapp, 
Coe, Colby, Dudley, Fisher, Greenough, Hart, 
Bealy, Howard, Lauten, Morrison, Mowry, Nason, 
Parkman, Perkins, Plimpton, Pray, Rust, H.N. 
Sawyer, N. Sawyer, Shepard, Sibley, Stearns, 
Sweetser, Ward, Wheeler, Wolcott, Wyman— 31. 

Absent or not voting — Messrs. Brintnall, Han- 
cock, Hilton, Woolley— 4. 

Mr. Barry of Ward 22 moved to reconsider the 
vote by which the several elections of city officers 
were specially assigned, hoping it would not pre- 
vail. 

Mr. Coe— Is that in order at this time? 

The President— The Chair is of the opinion that 
it is not in order. 

Mr. Burry— I don't like to appeal from the deci- 
sion of Che Chair, but I believe it is in order. &. 
gentleman made such a motion last year, and I 
raised tbe point that it was not in order, aod I 
think the gentleman from Ward 23 made the 
motion, and the President decided that the motion 
was in order. 

Mr. Sibley of Ward 5- 1 thin»k the decision is 
right, as some business has intervened. 

The President— The Chair will rule that no busi- 
ness has intervened. But the question raised by 



Mr. Barry is one that the Chair is very loth to rule 
upon. There is no doubt that a question of con- 
venience would require that a motion to recon- 
sider should follow the original vote upon a 
motion. This question has been considered by the 
Committee on Rules this year, but no action was 
taken; but the Chair would rule tbat it is custom- 
ary to entertain such a motion at this time. 
In view of the fact that rulings to the contrary 
have taken place within the last three years, and 
it being a custom of this Council to follow the 
precedents set by former Councils, the Chair rules 
that it has been customary of late years to allow a 
mocion for reconsideration to be made directly 
after the original motion has been acted upon, 
and will rule, therefore, that the motion of Mr. 
Barry is in order. 

Mr. Coe — 1 chink It is important that we should 
settle that question, and settle it right. I would, 
therefore, appeal from the decision of the Chair, 
in order that the Council may pass upon this mat- 
ter. I would say that i have no gieat choice in 
the matter, but the precedents for the last three 
years have been against the ruling of the Chair. 
It has always been ruled by the presiding officer 
of this body that a motion for reconsideration 
should come under the head of motions, orders 
and resolutions. 

Mr. Barry— I seldom get up here to debate a 
question without knowing what I am talking 
about. The rules say— 

"The rules of parliamentary practice comprised 
in Cushing's Manual shall govern tbe Council in 
all cases to which thej are applicable, and in 
which they are not inconsistent with these rules 
and orders, or the joint rules and orders of the 
City Council." 

Now, sir, there are no joint rules of the City 
Council forbidding the making of a motion for re- 
consideration immediately after the original 
question has been acted upon. If there is any- 
thing in Cushing's .Manual prohibiting it, I should 
be happy to see it. 

Mr. Brawley ot Ward 19— The motion to recon- 
sider is in order, unless there are some special 
rules of this Council to the contrary. According 
to Cushing's Manual, a motion to reconsiderjis in 
order at any time unless there is a special rule to 
the contrary. 

Mr. Shepard of Ward 1 — I am not quite sure I 
understood the remarks of the President. What 
I understooa him to say was that the precedents 
of the past three years were in favor of his 
ruling. 

The President— The Chair stated on the author- 
ity of the Clerk that precedents have been made 
according to the ruling ot the Chair. The Chair 
would call attention to the fact chat the appeal 
of the gentleman from Ward 23 has not been sec- 
onded. If it is necessary that this question shall 
be settled, it is necessary that the appeal should 
be seconded promptly. 

Mr. Mowry of Ward 11— I second the appeal of 
the gentleman from Ward 23. 

'I?he Presidenc— The Chair hopes no appeal will 
be made hereafter unless it is seconded. Unless 
it is seconded, the Chair will be compelled to la- 
bor under an unintentional discourtesy. 

Mr. Shepard— It the ruling ot the Chair — 

Mr. Barry— I call the gentleman to order. I 
will call attention of the Council to the rule that 
debate upon an appeal snail be limited to the gen- 
tleman taking the appeal and the Chair. 

Mr. Shepard — I hope the Council will give con- 
sent for me to state my reasons. 

The President— Debate is not in order. 

Mr. Coe— I would like to call attention to the 
rule allowing debate of ten minutes on an appeal, 
although I cannot turn to it immediately. 

The President — The question is upon sustaining 
the decision ot the Chair, that accordine to a cus- 
tom of the Council a gentleman can make a mo- 
tion for reconsideration immediately after a vote 
is taken upon the original motion. The question 
is. Shall tbe decision of the Chair stand as the 
opinion of the Council? 

The Chair was sustained. 

Mr. Barry renewed the motion to reconsider, 
hoping it would not prevail. Lost. 

T0NNEL TO EAST BOSTON, 

Mr. Shepard of Ward 1 called up the special as- 
signment for half-past eight o'clock, viz. — 

Order to ask for an act to give the Board of 
Aldermen the right to construct a tunnel between 
the city proper and East Boston. 

Mr. Shepard— I desire to state, in regard to this 
order, that I suppose it was introduced by the 



FEBRUARY 



1879 



82 



gentleman from Ward 18 in entirely good faith, in 
order that if it is expedient and best for this city 
to establish a tunnel between the city proper and 
East Boston, it should be established. But, by the 
gentleman's own statement, a tunnel is to cost 
over two millions of dollars; and I suppose the 
gentleman had not carefully considered the sub- 
ject before maUing that statement. But it must 
be evident to every member of the Council that 
this is an affair ot great magnitude, both in 
its construction and in the cost; and we 
ought also to consider whether it is feasible and 
whether it will accomplish the purpose which 
the gentleman desires. I d«sire to treat this 
matter in good faith, and I do not desire to have 
it killed, in order that this matter may be con- 
sidered in good faith, I move the reference of 
this order to a committee of three on the part of 
this branch, with such as the Board of Alder- 
men may join, and I have put my motion in writ- 
ing. 

Mr. Shepard offered the following: 

Ordered, That the order to ask for an act to 
give the Board of Aldermen the right to construct 
a tunnel between East Boston and the city proper 
be referred to a committee of three members from 
this branch, with such as the Aldermen may join, 
to consider whether it is expedient. 

The order was passed, and the President ap- 
pointed Messrs. Sliepard ot Ward 1, J. J. Doherty 
of Ward 2 and Bowker of Ward 16 on said com- 
mittee. Sent up. 

MYSTIC VALLEY SEWER. 

The ordinance in relation to the Mystic Valley 
sewer was considered under unfinished business, 
and was passed in concurrence. 

PRINTING. 

The annual report ot the Superintendent of 
Printing (City Dae. 17) was received. 

An ordinance of 1878 (Boc. No. 23) provides that 
the Superintendent ol Printing "sball annually 
submit to the City Council a report ot tbe amount 
ot printing, binding, stock and stationery done 
tor or supplied to each department ot the City 
Government, and the cost thereof, and generally 
of all matters transacted under his superintend- 
ence." 

In conformity with this ordinance this report is 
respectfully submitted. Che statistics are made 
up for tbe year ending with the Auditor's draft of 
Feb. 1, 1879, a lid substantially represent the last 
municipal year. 

City Printing. 

The power of contracting for the city printing 
is vested by ordinance in the Committee on 
Printing. (Statutes and Ordinances, 1870, page 
624.) This power was last exercised by the com- 
mittee of 1876, who I hen opened the work to com- 
petition by public advertisement, and awarded 
the contract to Messrs. Rockwell & Churchill, 
they being tbe only bidders. The contract is for 
the committee's official term, continuing until 
abrogated by thirty days' notice from either 
party. 

The existing contract is an outgrowth of former 
contracts, being so framed as to place prices upon 
specified rates, in place of indefinite market rates; 
with reservations admitting of competition on 
classes of work not subject to specific rates. 

It has been considered, as a matter ot public 
policy, that a contract involving so large an 
amount of annual expenditure should be open to 
competition as often as once in five years. The 
rates of the present contract were made, substan- 
tially, under the effect of expected competition 
in 1876. 

Tbe city printing consists mainly of job work. 
It will be seen by the table annexed to this report 
that iu a total of $39,488.44, but $6481.92 is for the 
City Documents. The Public Library item of $6,- 
074.83 includes the library catalogue work; and 
the school item of §6693.04 includes the school re- 
port and school documents. It may be considered 
that two-thirds or more of the city work is job 
work. 

The job work ot the city consists of a very great 
variety of printing, mixed with ruling, blank- 
book and pamphlet binding, lithographing, and 
similar work. 

A coutrac based on specific rates, working 
reasonably well for the interests of the respective 
parties thereto, is of itself a matter ot difScult 
arrangement. When the present contract was 
framed, an analysis of all the city work for one 
year was made, and the contract framed thereby, 



by which means competing bids could be fairly 
tested and the contract fairly awarded to the 
lowest bidder. Whenever the contract sball be 
open again to competition, should competing bids 
be presented, tbe difficulty of determining the 
lowest in the aggregate may be great, but proba- 
bly not impracticable, with the former records ot 
the work in detail available for comparison. 

In 1877 a small printing office was established at 
the House of Reformation at Deer Island, and the 
city printing was solicited by the Board of Direc- 
tor's for execution there. A remonstrance was 
presented to the City Council from the journey- 
men printers of Boston against the enterprise. 
The work has proceeded experimentally to the 
present time, with the sanction of the Committee 
on Printing and assent of the city printers. The 
superintendent has sent to the island, during the 
last year, all work at his control, adapted to exe- 
cution there. The office has four presses, the 
largest size printing a half sheet royal (14 by 22 
inches). 

During the year the following amount of work 
has been done by the parties stated: 

By Rockwell & Churchill 834,827.30 

By House of Industry 2,834.63 

Printing, by parties outside of contract 2,041.40 

Binding, by parties omtside of contract 1,899.10 

Total 841,602.43 

It will be seen that tbe amount of work done at 
the House of Reformation is not so large a pro- 
portion as to occasion much anxiety on the part 
of the journeymen printers, unle-s largely ex- 
tended. So far as the city work is concerned, 
such extenssion involves the senclingof stock there 
tor single jobs, partly finished in the city by rul- 
ing or binding— a method so much at variance 
with any proper system as to be nearly or quite 
impracticable. To what extent work is done at 
the island for other customers than the city, is 
not known to the superintendent. The working 
force in the office there is a foreman and usually 
ten boys. The aavantage to the buys and the in- 
stitution is inestimable; the only drawback being 
the well-known question of public policy, which 
is foreign to the proper topics of this report, but 
which it is tbe province of the City Government 
to determine. 

Commendation is due, and is rendered with 
pleasure, to the present contractors for the city 
printing, not only for the faithful and efficient 
execution of the work, hut for the liberal course 
they have pursued in regard to their contract 
rights, as evinced in the Deer Island work, and in 
other instances. Fair and honorable dealing, in 
place of rigid grasping at every possible advan- 
tage, is noteworthy and commendable in large 
and long-continued operations. 

The amount ot work done for the city by the 
present city printers, since July, 1871, when they 
first became city printers, and the office of Super- 
intendent of Printing was established, has been 
$316,151.23. That this amount has been done ad- 
vantageously to the city is shown in former re- 
ports, whereljy a saving ot thirty per cent, or 
more is manitest, in connection with stock and 
stationery purchased by the superintendent. 

The attention of the City Council is bere re- 
spectfully asked to the misnomer of the appro- 
priation styled "Printing and Stationery," in the 
Auditor's Monthly Exhibits, and other places. 
There are explanations in the Auditor's annual 
reports, showing the details of its application; 
but in other connections it seems to indicate, to 
the inexperienced reader, the appropriation for 
"Printing and Stationery" tor the whoe City 
Government, including the departments, The 
table at the close of this report shows the aupli- 
cation of this appropriation. Ot the whole 
amount of it (f24,000), the appended note (a) 
shows more than one-half of ii applied to other 
purposes than "Printing and Stationery," and 
the table shows tbat the amount really expended 
for printing and stationery is four or live times 
as mucb as that appropriation supplies. It is re- 
spectfully suggested that the appropriation be 
termed "Printing, Stationery, etc., City Council," 
which will keep it in its present alphabetic 
classification, and better designate its applica- 
tion, it being used for the City Council and the 
few olfices most closely connected therewith. 
iStock Supplies. 

Amount purchased during the year j?9,867 .38 

Depletion In stock on hand, and stock dues, 
per note a, page 7 325.91 

Consumption, one year glO, 193.29 



83 



COMMON COUNCIL, 



stationery. 
Amount purchased (and consumed) during 
the year gl7,222.88 

Summary. 
Printing and 

binding. Stock. Stationery. Total, 

©ne year to Feb. 1, 1879— 

841,602.43 810,193.29 817,222.88 869,018.60 
Prior 6V2 years— 

303,84u.l5 88,646.48 90,614.20 483,100.83 



8345,442.58 898,839.77 8107,837.08 8552,119.43 
Average per year, for 7V2 years— 

846,059.01 813,178.64 814,378.28 873,615.93 

The above summary snows a decrease for the 
last J ear, 1 1 om the average, ot $4456.58 in print- 
ing and binding, and $2,985.35 in stock; and an 
increase of $2844.60 in stationery. 

There has been no perceptible decrease in the 
quantity of printing; and biudiug, unless it be in 
the illustrations tor tbe park reports; the rates 
for printing have been substantially the same; 
but the pr ce.«i lor binding and stock have materi- 
ally lesser^ed, under the effect or sharp competi- 
tion for the city orders. 

The increase in stationery, over tbe ave-rage, is 
due to the fact that the purchase of stationery is 
nov? more completely in the superintendent's 
charge than formerly ; and there has been a con- 
siderable increa.'e in the quantity purchased. 
The Superior Court formerly supplied itself, but 
is now supplied by this dap'artment; aud the dis- 
trict court? have been established within the time 
covered by the average. The registration of 
voters has grown in the consumption of sta- 
tionery; also the assessors, police and other de- 
partments; the establishing of the voting pre- 
eincts has also had an influence. 

It should be observed, however, tbat there are 
departments whose stationery is not supplied by 
this department, but which appears in the Audit- 
or's annual table. The Scnool Department is 
stated in note c, page 8 of this report; other de- 
partments supplying themselves are East Boston 
Ferries, Overseers of Poor, Directors of P'jblic 
Institutions, the central Municiisal Court, and 
Jail. 

Rules and reaulatious respecting the city publi- 
cations are stated on pages 4 to 6 of the Third 
Annual Bulletin, which is placed at the end of the 
last volume of the Documents of 1878. A cabinet 
collection of sample copies of books issued by the 
city has been placed in the office of the Superin- 
tendent of Printing, and a classified list ot them 
prexjared, showing books available for distribu- 
tion by the City Messenger, and other iaforma- 
lion. The collection also contains bound volumes 
of the Boston Advertiser from 1860 to the present 
year, which is to be continued. 

For the East Boston Ferries during the past 
.year there have been sorted, counted and packed, 
under the superintendent's supervision, 3,883,360 
foot passes, aud 167,500 team ticlsets, of the value 
of $68,065.40, at a cost of $171.88. The ultimate 
discrepancy between the mill count ot the pa- 
tented stock in sheets and the delivery from the 
superintendent's ofQce is 3970 foot iiasses and 720 
team tickets, appearing as surplus over mill 
count; value printed, $159.55. 

George Coolidge, 
Superintendent of Printkig. 

Appended to the report is a table showing the 
cost of printing, stock, stationery, and book- 
binding, in charge of the Superintendent of Print- 
ing, .for the year ending with Auditor's draft of 
February 1, 1879, as charged to the several appro- 
priations. 

BADGES. 

The order to ask the Police Commissioners to ap- 
point the members of the Common Council special 
police officers, and for the appointment of a 
special committee to procure suitable badges, at 
a cost not exceeding $5 for each badge, was con- 
sidered under unfinished business. 

The question was upon the passage of the order. 

Mr. Wolcott of Ward 11 — I move the indefinite 
postponement of tbe order. I do not rise to make 
a speech on the subject. I merely rise to say that 
I think that this badge business is entirely use- 
less and ridiculous. It is well known that the 
•City Council got along very well without them 
last year. I do not think they are of any conse- 
.quence in city business. Of course, if this is 

foing through nothing I can say will stop it; but 
move the indefinite postponement ot the order, 
and when the vote is taken I call for the yeas and 
Bays. 
The yeas and nays were ordered. 



Mr. Mealy of Ward 10— It seems to me this mo- 
tion to indefinitely postpone should prevail. I 
cannot see— and it my triend from Ward 8 can 
see, I should be glad to have him enlighten me— 
how this order can be ot any validity. The stat- 
ute creating the office of Police Commissioners 
provides that they may appoint special police 
officers without pay upon the written application 
of some responsible person or corporation. I can- 
not see that this order is a written application of 
any responsible person or corporation. The act 
further provides that this written application 
shall specily the locality, the wharf, the place of 
amusement or the building where this special 
police officer is required to watch; and the whole 
is conditioned upon the giving of a bond from the 
responsible person or corporation who petitions 
for the appointment of a special police officer, 
which bond shall be satisfactory to the City 
Treasurer, and shall beaguarantee that the police 
officer shall perform his duties. I cannot see how 
under this order any legal request can be made 
upon the Police Commissioners. 

Mr. Cbristal of Ward 8 — I cannot see that the 
gentleman's reasons are sufficient tor postponing 
this. I don't think he appreciates the good opin- 
ion some of the meoubers have of themselves 
that they should go around to the Police Commis- 
sioners and be appointed police officers. I am 
not going to seek any position like that from a 
corporation or individual either, and I am not in 
favor of postponing tbe order for the reasons 
given. I think we should proceed to act upon the 
order tonight. 

Mr. McGaragle of Ward 8—1 guess my friend 
from Ward 8 has got the advantage of me on the 
law tonight. He certainly has seen the book, but I 
have not got it. I don't know as I am speaking upon 
the question, and I don't know as I can do so; and 
in order to do so I will move to amend the order 
by striking out so much of this order as relates to 
the application to the Police Commissioners for 
the appointment of the members of the Council 
as special police officers. 

The President stated tbe question to be upon 
Mr. McGaragle's amendment. 

Mr. McGaragle— AS I was about to say in the 
beginniEg, since I have been a member of this 
Council, and tor many years previous to my con- 
nection with it, this order has been introduced. 
It bas always fallen upon me unfortunately, and 
why they should make a special target of me to 
introduce it, 1 don't know. It has been my un- 
fortunate uosition to introduce such orders, and 
when I have introduced it I feel called upon to de- 
fend it. The order was written to petition the 
Board of Police Commissioners to appoint the 
members ot the Common Council special police 
officers without pay. I presumed they had that 
authority. But the question of the right to do it 
has been raised by the gentleman from Ward 10, 
and I think I had better give way. I am not post- 
ed on the law, and I think he is. As to the utility 
ot badges, he asks what private wharf or place of 
amusement we propose to locate these men. 
If I had my way I would take in all tbe places of 
amusement. But I wont have my way upon that. The 
badges wont admit to but one or two places of 
amusement— the Boylston Museum, which my 
friend from Ward 23 knows very well about, and 
the Howard Atbenseura. I would move that the 
part relating to the appointment ot special police 
officers be stricken out. 

The President— The Chair would suggest that no 
gratuitous advertisement should be given under 
the guise of an amendment. 

Mr. Costello of Ward 25—1 move to amend by 
stating tb at the badges be furnished at the ex- 
pense of the individual members of the Council. 

Tbe question was upon the amendment of Mr. 
McGaragle. 

Mr. Wolcott— I hope the gentleman who offered 
the second amendment will add the words, "to 
the individual members applying tor the same." 
As I do not desire a badge I do not wish to be 
assessed for one. 

Mr. Costello— I would like very much to have 
one of these badges, and I would get one at my 
own expense, provided tbe City Government or- 
dered it. If the citizens of Boston are to be call- 
ed upon to pay for them, I shall not obtain one, 
and I shall vote against the measure if the city 
has to pay for it, aud I shall thereby try to save 
tbe city three hundred dollars. I hope the motion 
will not prevail. 

Mr. Costello's amendment was rejected. 

The President stated the effect ot Mr. McGara- 
gle's amendment to be that the order would read 



FEBRUARY 



6 



1H79. 



84 



-That Messrs. ■ 



- toe a committee to procure 
suitable badges for the members of the Common 
Council; the expense attending the same, not to 
exceed five doDars per badge, to be charged to 
the contingent fund of the Common Councii. 

Mr. Wheeler of Ward 10— I now move to amend 
the amendment by adding, "To those applying 
for the same=" 

Mr. McGaragle— 1 intended to cover that. I ac- 
cept that. We don'r, waot to force these badges 
upon members, especially as the Police Commis- 
sioners have shut up the only place they will en- 
title members to go to. 

Mr.- Wheeler's amendment was incorporated in 
the order. 

Mr. Nason of Ward 17 moved that when the 
vote be taken it be by yeas and nays. 

Mr. Sibley of Ward 5—1 am sorry this order 
should come up before the appropriation bill is 
passed. But it is here. I have" tour of these 
badges stuck up on a piece of cloth at home, and 
I would not pay $2 a peck for all the use they are 
to me. Year after year there are $3000 put into 
the appropriation bill for a contingent fund of 
the Council, and it leems to me a pr tty good 
snare ot it is expended, and I don't consider that 
a badge for seventy-two men is a very extravagant 
amount. Now, when I came here in 1872, one 
member showed me a badge that cost $18 when 
times were not so pressing. 1 have voted for 
badges and I shall vote for badges tonight for the 
reason that if there is a member here who wants 
one I am willing he should have Ir. I don't see 
any reason for wasting eloquence upon it. I'he 
money is appropriated, and if it is not spent In 
badges it will be used tor something else. I am 
willing to vote for a badge costing |5. 

The yeas and nays were ordered. 

Mr. Christal of Ward 8— I was going to remark 
that the addresses of some of the-^e gentlemei' in- 
dicate that they don't travel through the city as 
much as some others. Somerimes there is a 
blockade which might be removed by some one 
in authority. Now, to attempt to exercise 
authority without a badge of oflBce, one would be 
apt to get rather a rough answer. I could spend 
hours in telling instances of this kind. I think 
the amount could be well and judiciously expend- 
ed for this purpose. 

Mr. McG-aragle of Ward 8—1 was about to state 
to my colleague from Ward 8 that I would not ad- 
vise him, under the order as it now stands, to at- 
tempt to remove any blocks unless he is big 
enough to defend himself ; because, under the au- 
thority of the badge, he would have to enforce his 
own wishes, and would not have very much law 
behind him. I hope he will not attempt it under 
this badge, because 1 hope to see him spared a 
little while longer for the performance of his of- 
ficial duties. 

The President— The Chair would suggest that 
this order requires a yea and nay vote on its final 
passage, and when the amendment is adopted, 
nothing will be left of the order except the amend- 
ment. If the yeas and nays are taken on the 
amendment, they will have to be taken on two 
questions identically the same. 

Mr. Wolcott of Ward 11— I would like to ask 
whether the amendment does not omit any ref- 
erence to the appointment of members of the 
Council as police officers. 

The President — It does, and the yeas and nays 
are required upon the passage of the order, by 
the statute. 

Mr. Wolcott— It seems to me it is not identical- 
ly the same order. The gentleman from Ward 8 
would have no authority to remove the block if 
the amendment is adopted, and it seems to me 
that a piece of white ribbon would be all that is 
sufficient, instead of procuring a badge. 

The President— The gentleman does not under- 
stand tbe Chair. The amendment is the order in 
itself, li the amendment is adopted it will still 
have to be adopted by a yea and nay vote under 
the statute. 

Mr. Mowry of Ward 11— I would ask if this or- 
der requires a two-thirds vote? 

The President— In the opinion of the Clerk it 
does not require a two-thirds vote. 

The amendment was adopted — yeas 33, nays 32, 
The vote stood on the regular roil call, 32 to 32, 
and the President voted yea. 

Yeas- Messrs. Anthony, Barry, Bowker, Braw- 
ley, Bunten, Cannon, Cavanagh, Christal, Den- 
ney, Devlin, C. F.Doherty, J. J. Doberty, J. Do- 
herty. Furlong, Kelley, Kendricken, Kidney, Lev- 
ering, Magaire, McGahey, McGaragle, McLaugh- 
lin, Morgan, Mullane, Murphy, O'Brien, O'Dowd, 



Kosnosky, J. A. Sawyer, Sibley, Sweeney, Ward 
—32. 

Nays— Messrs. Austin, Blakemore, Brown, Clapp, 
Coe, Colby, Costello, Dudley, Fisher, Greenough, 
Hart, Hayes, Healy, Howard, Lauten, Locke, Mor- 
rison, Mowry, Nason, Parkman, Perkins, Plimp- 
ton, Pray, Rust, H. N. Sawyer, N. Sawyer, Stearns, 
Sweetser, Swift, Wheeler, Wolcott, Wyman — 32. 

Absent or not voting — Messrs. Brintnall, De- 
vine, Hancock, Hilton, Shepard, Taylor, WooUey 
—7. 

The order as amended was passed. 

Mr. McGaragle — I move a reconsideration, 
hoping it will not prevail. Some members may 
think I am very strenuous about badges; but no 
man is compelled to have one if he don't want it. 
It may not be necessary to have more than thirty, 
for I suppose that those gentlemen who persist- 
ently voted against them'will not come in and ask 
for them. 

.Mr. Wolcott — When the vote is taken I move it 
be by yeas ana nays. 

The yeas and nays were ordered, 

Mr. Brown of Ward 23 was excused from voting, 
he having paired with Mr. Bowker of Ward 16. 

The reconsideration was lost— yeas 29, nays 34. 

Yeas— Messrs. Austin, Barry, Clapp, Coe, Colby, 
Costello, Dudley, Fisher, Greenough', Hart, Healy, 
Howard, Lauteu, Morrison, Mowry, Nason, Park- 
man, Perkins, Plimpton, Pray, Rust, H.N.Saw- 
yer, N. Sawyer, Stearns, Sweetser, Swift,Wheeler, 
Wolcott, Wyman— 29. 

Nays — Messrs. Anthony, Blakemore, Brawley, 
Bunten, Cannon, Cavanagh, Christal, Denney, De- 
vine. Devlin, C. F.Doherty, J. J. Doherty, J.Doher- 
ty. Furlong, Hayes, Kelley, Kendricken, Kidney, 
Locke, Levering, Maguire, McGahey, McGaragle, 
McLaughlin, Morgan, Mullane, Murphy, O'Brien, 
O'Dowd, Kosnosky, J. A. Sawver, Sibley, Sweeney, 
Ward— 34. 

Absent or not voting — Messrs. Bowker, Brint- 
nall, Brown, Hancock, Hilton, Shepard, Taylor, 
Whitmore, Woolley— 9. 

Mr. Rosnosky — Do I understand that if the com- 
mittee is appointed they are to be furnished with 
a list of those members who don't want badges? 

The President— The Chair is not prepared to 
offer any Information upon that point. 

The President appointed Messrs. McGaragle of 
Ward 8, Wyman of Ward 21 and Mullane of Ward 
12 the Committee on Badge. 

SUPEBINTENDBNT OF PUBLIC GBOUNDS. 

Mr. Mullane of Ward 12 presented a petition 
from Richardson and others for the reelection of 
William Doogue as Superintendent of Common 
and Public Grounds. 

Mr. O'Dowd moved to refer the petition to the 
Committee on the Nomination of a Superintend- 
ent of Coisiinon. 

Mr. McGaragle — I think that is too late. I got 
a notice of a meeting today. I could not be pres- 
ent, but I understand they made a nomination. 

At the request of Mr. Wolcott the President 
read the petition as follows: 

We, the undersigned, citizens of Boston, doing- 
business in tbe vicinity of Fort Hill park, desire 
to express to your honorable body our unbounded 
confidence in the experience, ability and skilful 
management of Mr. William Doogue, City For- 
ester, during the past year, in the care and train- 
ing of the public pleasure grounds of Boston; and 
to present to your notice our indorsement of his 
untiring zeal and unceasing labor, in producing, 
in one short season, a result in floriculture and 
horticulture so hiehly pleasing and gratifying as 
to call forth the unanimous wish of our taxpayers 
for his reelection to that office for the ensuing 
year. 

His skilful formation In preparing and beauti- 
fying Fort Hill park during the last season called 
forth the praise' and thanks of the business com- 
munity in its vicinity, and has made him the mark 
of their especial favor; knowing as th y do that 
his labors were conttned to an expenditure of only 
one half ot the annual sum appropriated by the 
Council to his predecessor in former years. For 
this and tbe great results produced by his general 
able management, we do theref<]re most respect- 
fully and earnestly petition your honorable body 
to nominate and reelect Mr. William Doogue to 
the office of which he is the present incumbent, 
on the ground of his honest and pronounced 
economy, his great natural ability and practical 
training as a floriculturif't, etc., his undoubtea in- 
tegrity, and for his generally conceded fitness for 
the office in all its details. 



85 



COMMON COUlNCIl^, 



And as in duty bound, your petitioners will ever 
pray. 

Mr. O'Dowd— I trust the motion will not pre- 
vail. The committee are not yet discharged. 
They have made no report yet. It is perlectly 
eompeteot tor them to make a report as to 
whether they have acted in this case. As they 
have made no report, the committee is still in ex- 
istence, ao J I suppose it is perfectly in order and 
appropriate to refer it to them. 

Mr. Rosnosky — The committee are ready to re- 
port. 

Mr. Morgan of Ward 15—1 think that is the 
proper course for us to pursue, for i( Mr. Doogue 
has the proper qualifications and eminent fitness 
tor the oiHce, I think the committee to nominate 
a superintendent of public grounds should know 
the fact. 

The President stated that a petition of a similar 
character had been received from Charles R. Mc- 
Lean and fifty others, and from William E. 
Whicher and seventy others, that Mr. Doogue be 
elected Superintendent of Public Grounds. 

Mr. Brawley of Ward 19—1 move that they be 
referred to tue same committee, with instructions 
to report next Thursday evening. 

The Prej^ident — The Chair thinks that amend- 
ment is not germane to the que.-'tion. 

Mr. Brawley— The committee have not been dis- 
charged, and it is proper to refer a petition 
to them with instructions. I don't see where 
the objection can be to the motion. My 
amendment was simply a proviso with ref- 
erence to the petition. If the committee have 
not reported we can direct them to I'eport 
next Thursaay night, and I fail to see wherein the 
motion is not germane, unless the committee are 
to report tonight. If they are, then, of course, 
they will be discharged tonight. 

The President— The Chair understood the gen- 
tleman to move a reference to the committee, with 
instrtictions to report in Mr. Doogue's favor. 

Mr. Wolcott— If the matter is still under ad- 
visement it is proper to reler it. If the committee 
is to report within a few minutes, then this refer- 
ence will be unnecessary. I would inquire It the 
committee are ready to report? 

Mr. Rosnosky— I have said that we are prepared 
to report this evening. 

Mr. Wolcott— If that is the case I think those 
petitions should be put where they can be got at 
by this Council, and I would oiler as a substitute 
that the petitions be laid upon the table. 

Mr. Rosnosky of Ward 16 submitted reports 
from the Joint Special Committee to nominate 
Superintendent of Common and Public Grounds, 
the majority, signed by Lucius Siade, C. H. B. 
Breck, J. H. Rosnosky and P. F. McGaragle, rec- 
ommending the election of John Galvln, and the 
minority, signed by J. H. Mullane, recommend- 
ing the election of William Doogue. Accepted. 
Sent up. 

SUPERIMTENDENT OF SEWEBS, 

Mr. Kidney submitted reports from the Joint 
Special Committee to nominate a Superintendent 
of Sewers, the majority, signed by Clinton Viles, 
Charles Hayden and Francis J. Ward, recom- 
mending the election of William H. Bradley; the 
minority, signed by John A. Kidney and John 
Doherty, recommending the election of Stephen L. 
Minot. Accepted. Sent up. The nominations 
went over, 

SCTKVEY AND INSPECTION OF BUILDINGS. 

Mr. Wolcott of Ward 11 submitted a report 
from t'ae Joint Committee on Ordinances on the 
ordinance to amend the ordinance in relation to 
the survey and inspection ot buildings, recom- 
mending the passage ot said ordinance in a new 
draft, as follows: 

An Ordinance 
To amend an Ordinance in relation to the Survey 

and Inspection of Buildings. 
Be it ordained, etc. 

Section 1, Section 23 of the ordinance in rela- 
tion to tne survey and inspection of buildings, 
printed on page 138 of the edition of Statutes and 
Ordinances for 1876, is hereby amended by insert- 
ing after the word "city" in the ninth line of 
said section, the following: 

"Except that when in any case the Inspector of 
Buildings shall report to the Committee on the 
Department for the Survey and Inspection of 
Buildings that the said sills should be permitted to 
be laid more than three feet above said grade of 
the street, the said committee, after a view of the 
premises in question, may, by a special vote on 
each case so reported, specify the number of feet 



above the grade of the street and specify the dis- 
tances from any streets, passageways and build- 
ings at which the said sills shall be laid, in a 
certiHcate to be signed by the Inspector of 
Buildingrs and the chairman ot said committee." 

The orainance was ordered to a second reading, 

Mr, Barry— That is the ordinance I introduced 
at the early part .'>f the year. It was referred to 
the committee, and I presume the Council now 
understand. The man has already been delayed, 
the building materials are upon the site, and in 
view of that fact I move a suspension of the rule, 
that the ordinance may take it-< passage tonight, 

Mr. Plimpton of Ward 21— This is a very impor- 
tant matter, and in order that the members may 
familiarize themselves with the changes proposed, 
I hope the rule will not be suspended, m order to 
give them an opportunity to examine it. 

IVir, Barry of Ward 22— £ expected some opposi- 
tion and I knew where it would come. The mat- 
ter was referred to the committee, who had a 
hearing. The gentleman from Ward 21 was there, 
btit he did n't stay to hear the whole of it. Now, 
after the discretionary power recommended by 
the committee, the gentleman comes in here and 
asks a postponement of the case, [ think the 
animus ot the gentleman is unjust. He might 
have stayed and heard the evidence, but he did 
not; and now be comes in and asks a post^Jone- 
ment. 

Mr, Swift— Although this ordinance has been 
proposed, as the gentleman has stated, to meet a 
particular case, in its application it is general. It 
is a change in the building lines and appears to 
be one of much importance. It seems to me to 
be very proper that we should take some time in 
discussing- it. 

Mr. Sweetser — I should like to hear from the 
Chairman who made the report in regard to the 
effect of the change in point. 

The President — The President is chairman of 
the committee, but the gentleman from Ward 11 
offered the report. 

Mr. Brawley of Ward 19— The amendment 
offered by the Committee on Ordinances does not 
propo-e a change in the building lines, as has 
been stated. There seems to be a misunderstand- 
ing on that point. A number of buildings have 
been erected in the city where the sills have been 
more than three ieet above the grade of the 
street. If construed literally, the wording of the 
ordinance would give one to understand that the 
sill should not be more than three feet 
above grade. That was not the intent of the 
ordinance as originally drafted. Neither was 
it intended to make all buildings come 
down to within three feet of the grade. The 
meaning of the order is that there shall be three 
feet under the building. So far as the order is 
concerned, the case in question complies with 
the building laws. This is the Srst time that the 
Inspector's notice has been called to this 
ordinance. There are several hundreds of 
buildings where portions of the sills are more than 
three feet above grade. It is impossible tor any 
builder in the city to erect a building on certain 
lands where the sills can all be not more than 
three feet above grade, A building may be erect- 
ed with the frout sill three feet above erade, 
while the rear sill may be eight or nine feet, or 
perhaps more. Wfcere the incline of the land is 
sideways, one corner might be three feet 
above grade, while the other corner might 
be eight or nine feet from grade. If you 
should bring one corner down to three feet from 
grade, you would fetch the other corner below 
the point intended by the ordinance. This is one 
of the cases where it is impossible to have the 
buildings three feet from grade. It was found 
necessary that some discretionary power should 
be given to the Inspector, and the gentlemen who 
opposed the erection of this building were satis- 
fled with the amendment to have the discretion- 
ary power left with the Inspector and the com- 
mittee, 

Mr, Barry— This is one of those matters where 
the gentleman from Ward 21 is trying to make a 
mountain out of a mole hill. 1 suppose I have 
been more interested in this case than any one 
else here. The gentleman from Ward 21 is a law- 
yer—or I don't suppose he is not one ; but the gen- 
tleman from Ward 9 is. There are 400 cases of 
this kind in the Highland District where the law 
is violated. There is no question about the 
rising of the hill. The question is, if the law 
is n't amended there would n't be an embank- 
ment in the city which would n't have to come 
down. If a man's house— like Mr. Blakemore's 



FEBRUARY 6, 18 79 



86 



in Ward 24 — is upon a hill, it would have to come 
down. The gentleman trom Ward 9 is a law- 
yer, and has not had any experience in 
building. But we had Captain Damrell 
there, the chairman ot the Fire Commis- 
sion, and the chairman of the Society of 
Architects, who helped to frame the building 
limits. Everybody stated that tde law? was framed 
for the city proper within the fire districts; but 
when the question was put. Do you propose to en- 
force it in the suburbs? they said. No, sir. Mr. 
N. J. Bradlee, another architect, said the same. 
I would be willing- to let it lie over a week, but it 
IS evident the Council are willing to take the word 
of their committee for ir. I am sorry to cut the 
gentleman from Ward 9 off. If the" Council de- 
sire another public hearing I am willing to have 
it. But in view of the statement of the case by 
the chairman there can be no excuse for delay. 

Mr. Greenough of Ward 9— Do I understand 
that the officials of the department were in i avor 
of this amendment? 

Mr. Barry— Every one of them, unanimously. 

Mr. Wolcotr — As 1 was directed by special vote 
of the committee to report this ordinance, 1 may 
perhaps say one word in regard to it. In the first 
place it applies to the thickly-settled portions of 
the city. In the next place I think the committee 
were extremely relactant to relax the building 
laws except tor very strong reasons, after the ex- 
perience we have had from the great fire. But at 
a hearing the following facts were given : In the 
outlying portions of the city, owing to the con- 
tour of the land it was almost impossible to comply 
with the ordinanc , and many builders were com 
polled to violate it, or it would be a great hard- 
ship. Further than that, it was shown that no 
attempt had been made to make them comply 
with the requirements of the ordinance. That 
being the case, the committee then took the 
question to decide whether this ordinance should 
be so stringent, and whether it should not allow 
some official to exercise the right to relax it in in- 
dividual cases. The committee were unanimous 
in believing it to be a dangerous thing to put this 
discretion into the hands of any one individual, 
however competent he might be in the perform- 
ance of his duties. The next question was to 
know in what way it should be further 
guarded, and what committee should be 
joined with the individual in graoting 
this permission. Alter careful consideration we 
decided that the Committee on Survey and In- 
spection of Buildings was the proper body to ex- 
ercise concurrent jurisdiction for such cases. I 
would say in explaining the ordinance just intro- 
duced, that where the application is made to put 
the sills of a building at a greater height than is 
now specified in the ordinance, it becomes the 
duty of the Inspector of Buildings to visit the local- 
ity to post himself on the tacts and report the 
case to the committee. The committee shall then 
view the premises and shall come to a vote, fixing 
the height at which the sills shall be placed, and 
the distance from the road or at the side or front 
at which the sills shall be placed, then a certifi- 
cate of that vote, specifying the height of the 
sills and the distance from the front line 
of the street, shall be given to the appli 
cant, signed by the Inspector of Buildings 
and the chairman of the committee, It was con- 
sidered that in that way we should escape from 
the one-man discretion which the committee 
were indisposed to give, and that there was a fix- 
ing ot the responsibility by this giving of a cer- 
tificate, and it would also give to the applicant 
his voucher for placing the sills at the height in 
question, in case any subsequent question should 
arise. That, I think, is the full explanation of 
the case, and I hope the ordinance will commend 
itself to the Council. 

Mr. Maguire ot Ward 19—1 would like to ask 
the gentleman a question. I would like to know 
if this ordinance is proposed to meet a special 
case, or is it for general use? 

The President — The ordinance is general in its 
terms, like all other ordinances of the city of Bos- 
ton. 

Mr. Maguire— Then I would like to ask this com- 
mittee if it was forced upon them in the interest 
of a special case? 

Mr. Wolcott— I would reply to the gentleman 
that the matter was called to the attention of the 
committee owing to an individual case, which I 
suppose is the tact in the changes ana amend- 
ments of many laws. A law is left upon the 
statute book until it is found to work oppres- 
sively, or impracticably, then that special in- 



stance calls attention ot the law-making power 
to the inefflcacy of the law, and then a law is 
made to cover that ca&e. It the gentleman de- 
sires to asK whether the committee were influ- 
enced by taking sides in the case, I can answer by 
saying that no member of the committee was so 
influenced. 

Mr. Maguire — I must say I am not much ac- 
quainted with this case; but I have been waited 
upon by gentlemen— and I presume other mem-' 
bers have been waited upon — who say that this 
will be detrimental to their interest. I under- 
stood from the parties that it was being forced 
through in the interest of a certain individual. 

The President— The Chair would remind the 
gentleman that the question is upon suspending 
the rule. 

Mr. Maguire — Then I hope the rule will not be 
suspended until we have had one week's time to 
look into the matter. 

Mr. O'Dowd— I trust that the suggestion of the 
gentleman who just took his seat will be acceded 
to by the Council. It seems to me fehat in reliev- 
ing this difficulty of the one-man power, ana 
taking it out of the ordinance by the measure 
contemplated, it only changes it so as to make it 
a two-man power. If I understand the ordi- 
nance, it says it shall be signed by the Inspector 
of Buildings and the chairman of the Commit- 
tee on Public Buildings, as I understood the gen- 
tleman from Ward 11, 

Mr. Barry— I should like to ask the gentleman 
from Ward 19 one question. 

Mr. O'Dowd— I would like to have the question 
settled correctly. 

The President read a part of the ordinance, to 
show that it would be an .ct of the committee in 
giving the certificate. 

Mr. O'Dowd — I understood the gentleman from 
Ward 11 to say that the Superintendent of Public 
Buildings and the chairman of the Committee on 
Public Buildings will sign the permit. 

Mr. Wolcott— I rise to correct the gentleman. 
It is not the Committee on Public Buildings or 
the Superintendent. It is the Inspector and Com- 
mittee on Survey and Inspection of Buildings. 

Mr. Barry— I should like to ask the gentleman 
from Ward 19 one question. If the citizens waited 
upon him and told him it would be a detriment 
to them, and he understood the case, why he asks 
delay? 

The President— The Chair is of opinion that the 
debate is going too far. The question is upon the 
suspension of the rule. 

Mr. Morgan of Ward 15- I trust the suspension 
of the rule will be granted. Four or five weeks 
ago the gentleman from Ward 22 introduced the 
Ordinance, which was referred to the Committee 
On Ordinances. The committee save a hearing, 
and many members of the City Government and 
City officials attended, and the committee have 
framed an ordinance which will cover the erec- 
tion of buildings in the outlying districts. I 
see no reason why it cannot be put 
upon its passage tonight It will have to 
be acted upon by the Board of Aldermen. While 
it is framed to meet a special case, it will relieve 
the builders in the outlying districts from a great 
deal of distress. 

Mr. Plimpton of Ward 21— I think the ordinance 
reported may be a very good solution of the dif- 
ficulty. But I do not believe in suspending our 
rules lo push anything through. The ordiiiance 
is hardly understood by the members; and it is 
just as well to let it lie over under the rule. 

Mr. Swil t— I wag opposed to a suspension of the 
rule because I had not had an opportunity to ex- 
amine this question. But the ordinance has been 
so fully explained, and it seems to be so reasona- 
ble, that I am satisfied, and will favor a suspen- 
sion of the rules. 

Mr. Ward of Ward 21— This is a very important 
ordinance and a very practical one also. I hope 
the rules will not be suspended. There are a 
great many other sections of the ordinance which 
have not been read by members of this Council, 
and as the operation of it may be applied to cases 
other than those in the outlying districts, I think 
we should have time to look over it. 

Mr. Barry — In order to obstruct the passage of 
the ordinance, the gentleman has rushed into a 
mistake. This is a special ordinance, and not the 
general one. 

Mr. O'Dowd— I think on general principles the 
rules ought not to be suspended, and that so much 
zeal ought not to be shown in the suspension of 
the rules when there is some opposition to 
it. It is a good thing to suspend the rule 



87 



COMMON OOUNCIJI.. 



when it is generally acceptable to mem- 
bers of the Council. But some gentlemen 
— and I am one ot them — have not looked 
into this long ordinance, and do not understand 
it as some other gentlemen do. 1 think that or- 
dinances ought not to give discretionary power, 
as a rule. I think the rule ought not to be sus- 
pended, but that the matter ought to be carefully 
considered, and not voted upon until the next 
meeting. 

The motion to suspend the rule was lost, and 
the ordinance went over. 

Mr. N son ot Ward 17 moved to adjourn. Lost. 

NOMINATION OF CITY SOLICITOR. 

Mr. Locke of Ward 14 sulimitted reports from 
the Joint Special Committee to nominate a candi- 
date for City Solicitor— the majority, signed by 
Joseph A. Tucker, John R. Locke and John A. 
Sawyer recommending the election of Caleb 
Blodgett; the minority, signed by Charles Hayden 
and Charles Wheeler, recommending the election 
of John P. Healy. Accepted. Sent up. The nomi- 
nations went over. 

SIDEWALKS ADJOINING VACANT LAND AND 
BUILDINGS. 

Mr. Kendricken of Ward 20 submitted a report 
from the Conomitree on Ordinances tbat it is in- 
expedient to pass the order requesting the Super- 
intendent of Streets to keep all sidewalks adjoin- 
ing vacant laud and unoccupied buildings free 
from ice and suow. Accepted. Sent up. 

THE CONTRACT SYSTEM UF LABOR. 

Mr. Kendricken of Ward 20 submitted a report 
from the Committee on Ordinances that it is inex- 
pedient to grant the petition of L. D. Welby and 
others for the abolition of ttifj contract, system as 
applied to all public works. Accepted. Sent up. 

CLEARING ICE AND SNOW FROM SOHOOLHOUSE 
YARDS. 

Mr. Lauten of Ward 14 offered an order— That 
the Superintendent of Streets be and hereby is re- 
quested and authorized to remove and keep clear 
of ice and snow the several schoolhouse yards of 
this city. 

Mr. Lauten — I have been trying for several 
weeks past to And out upon whom the responsi- 
bility rests of clearing these yards. I called upon 
the Superintendent ot Streets, and he referred me 
to the Superintendent of Public Buildings, who 
told me to go to the Superintendent of Health. I 
also inquired of the School Committee, and it ap- 
pears that no one seems to take the responsibility. 
It is a fact that the schoolhouse yards have not 
been cleaned of snow this winter. 

Mr. Sawyer of Ward 24— £ move the reference of 
the order to the Committee on Streets on the part 
of the Council. 

Mr. McGaragle— I think the gentleman should 
make that order read Suoerintendent of Health. 
It is his duty to take care of the yards, and not a 
matter for the Superintendent ot Streets to take 
care of. It is done by the Superintendent ot 
Healthier by his men under his direction. 

Mr. Lauten— I understand that the Superin- 
tendent ot Health has nothing to do wiih it now, 
though he did it some years ago. He claims it 
should be done by the janitors of the building. 
As the men under the Superintendent ot Streets 
clear off the sidewalks in front or public build- 
ings, they might as well clear off the yards. 

Mr. Sawyer of Ward 24—1 would withdraw my 
motion to refer to the Committee on Street*, and 
in place thereof would move to refer to the joint 
Committee on Health. 

Mr. McG-aragle- 1 would ask the gentleman 
from Ward 14 to amend the order so that it will 
read Superintendent of Health. 

Mr. Lauten— I cannot see the necessity for it. 
I claim that inasmuch as the men in the Paving 



Department clear ofE the sidewalks, they might 
as well clear off the yards at the same tiuie. 

Mr. McGaragle— The gentleman is entirely mis- 
taken. The Superintenclent of Streets does n't do 
it. It is done by the Superintendent of Health. 
He nas a special gang for that purpose, unless 
the authority is taken from hira by the act creat- 
ing the new school board. He employs them in 
the wintertime. The janitors do what little is 
done on the s-chool yards. 

Mr. Lauten— I don't care who does it. It ought 
to be done, as long as the gentleman is positive, 
I have no objection to the amendment. 

By general consent, the orner was amended by 
substitiuting "Health" for 'Streets." 

The order was referred to the Joint Committee 
on Health. Sent up. 

Mr. Plimpton moved to adjourn. Lost. 

SURVEY AND INSPECTION OF BUILDINGS. 

Mr. Morgan of Ward 15—1 move a reconsidera- 
tion of the vote to suspend the rule on the ordi- 
nance to amend the ordinance in relation to the 
survey and inspection of buildings. 

Mr. O'Dowd — I really think that it is useless to 
drive the Council into action on this matter. It 
prejudices the case altogether in my mind. If 
such an important amendment is to be made to 
the building laws, ir ought to receive due 
consideration. We had no idea when it came 
up tonight but that it would lay over a week. As 
there is a disposition to look into the matter 
thoroughly, and as many members think that 
discretionary power ought not to lay with the or- 
dinances, but with the makers of the ordinances 
—the members ot the City Council — I don't think 
any member ought to stultify himself for voting 
for a reconsideration. 

Mr. Maguiie— I hope that will not prevail. I 
have been waited upon by a gentleman in this 
city, and he says hejand several others will be put 
to a great expense by this. The gentleman says 
it came up three we^ks ago. That is true, but we 
did n't know what action the Committee on Ordi- 
nances would take in this matter, and there would 
he no neces.sity for action in the matter until they 
made their report. Let us have a week to look 
into it and see whether it is right. 

Mr. Rosuosky- 1 hope it will prevail. It came 
up three weeks ago, the committee gave a public 
hearing, those gentlemen who waited upon the 
gentleman from Waid 9 must also have been at 
the public hearing and stated their grievances to 
the committee. 1 hope the motion will prevail. 

Mr. Barry — I would state that one of the prin- 
cipal remonstrants, ?,s I have been informed since 
I came in this chamber, is satisfied with tlie 
amendment. 

Mr. Colby of Ward 18—1 rise to a point of order. 
The gentleman from Ward 22 did n't address the 
Chair. 

The President— The offence is pardonable. 

Mr Wolcott— In justice to the gentleman from 
Ward 22, I must say that onejof the principal re- 
monstrants—and I suppose he alluded to the 
same gentleman— is not satisfied with this, be- 
cause he opposes any change in the law. IJut I 
can say that it any change is to be made this will 
be as little objectionable to him as anything. 

The reconsideration was declared carried, and 
the question again recurred upon the suspension 
of the rule. 

Mr. Maguire moved that a vote be taken by yeas 
and nays. Lost. 

The rule was declared suspended. 

Mr. O'Dowd doubted the vote, and a division of 
the Council was had. 

The Council refused to suspend the rule, a two- 
thirds vote being necessary— 31 for, 22 against. 

On motion of Mr. Rosnosky, the Council ad- 
journed. 



BOARD OF AL13ERMEN 



88 



CITY OF BOSTOH. 



Proceeding's of the Board of Aldermen, 

FEBRUARY 10, 1879. 



Regular meeting at four o'clock P. M., Alder- 
man O'Brien, Chairman, presiding. 

EXECUTIVK APPOINTBIENTS. 

Undertakers— Joseph S. Waterman, Michael J. 
Murphy. Confirmed. 

PETITIONS KEFEBRED. 

To the Committee on Licenses. J. 0. Stiles, for 
permission to run his line ot coaches up Washing- 
ton street to West street between the hours of 
seven and eight o'clock P.M.; Thomas O'Leary, 
for license to run a passenger wagon from the 
vicinity ot Forest Hills, West Roxbury, to Mt. 
Hope and Calvary cemeteries, and return, on 
Sundays. 

To the Committee on Common. Eli Fernald et 
al., that a fence be placed around Highland park, 
and that certain trees be removed from the side- 
walk or Highland street. 

To the Committee on Paving. Charles U. Cot- 
ting, trustee, et al., that a portion ot Parker Hill 
avenue be macadamized, etc.; Middlesex Railroad 
Company, for authority to construct tracks at 
Old Oniony Railroad station ; Rev. R. J. Johnson, 
that certain damages to the cemetery on Grove 
street. West Roxbury, caused by the lowering of 
the grade ot said street, be repaired. 

Metropolitan Railroad Company, for leave to lay 
down a double track on West Chester park, be- 
tween Beacon street and Columbus avenue, and 
to use the tracks of the Highland Street Railway 
on Columbus avenue and Morthampton street; A. 
T. Stearns, tor leave to set telegraph poles on 
Swetr street, and to discontinue his former line on 
Dorchester avenue; South Boston Railroad Com- 
pany, lor leave to construct a turnout track on 
portions of Kneeland and South streets; J. G. Ab- 
bott et al., for plank walk on Commoawealth ave- 
nue from Exeter to Heretord street. 

To the Joint Committee 07i Survey and LKSpez- 
tion of Buildings. Proprietors of India wharf, 
tor leave to erect blocks of one, three and eight 
wooden buildings on India street, Ward 12. 

To the Joint Committee on Claims. Bridget 
Devlin, lo lie paid for personal injuries caused by 
alleged insecure condition ot steps of Faneuil 
Mall Market: John D. Talbot, for compensation 
for personal injuries toy an alleged defect 
in Merrimac street. 

To the Committee on Assessors' Department. B. 

E. Perry, tor remittance of tax. 

To the Committee on Health on the part of the 
Hoard. James Claffey, to occupy new wooden 
stable for one horse on Minoc street. Ward 24; 

F. W. Kittredge, to occupy new wooden stable for 
one horse on 14 Athertou street, Ward 23. 

To the Committee on County Accounts. Ed- 
ward S. RanU and other members of the bar, that 
the first volumes ia the Suffolk Registry of Deeds 
be printed, they having become defaced and par- 
tially decayed. 

To the Com.mittee on Survey and Inspection of 
Buildings on the part of the tloard. Wilbam H. 
Armstrong, for leave to project a lantern in tront 
of 627 Wasbington street, with the word "Bruns- 
wick" thereon. 

To ttie Board of Police Commissioners. E. 
Farusworth and others, that coasting be allowed 
on Franklin avenue, Ward 23. 

James J. Walsh et al., that coasting be allowed 
on Everett street. East Boston. 

E. M. Davis etal., that coasting be allowed on 
Bainbridge Siieet. 

COMMERCIAL STREET. 

The order to rescind the condit>ions attached to 
the original loan of $500,000 to widen Commercial 
street, said conditions being that the street ''be 
widened mainly on the water side, to a width not 
exceeding eighty feet," and that if the estimates 
of the Street Commissioners exceed the sum of 
one half million, "no part of said sum shall be ex- 
pended until the abutters, corporations and per- 
sons interested in said widening shall agree to 
give satisfactory bonds" to pay the surplus to 
cover the expense, was considered under unfin- 
ished business. 

The question was upon the passage of the or- 
der. 



Alderman Robinson— I ask to have that order 
laid over for a week. 

Alderman Flynn— The Committee on Streets 
have no objection to that. The committee do not 
object to a postponement. 

Alderman Viles— 1 hardly know why the AlJer- 
man should want to have it laid over. He was 
here last year, and heard the subject fully dis- 
cussed. If he was a new member, I should n't 
object to giving him time to make further inves- 
tigations. 

Alderman Robinson— I don't suppose you object 
to being enlightene.l a little on the subject, as 
long as you have been here. 

Alderman Viles— No, sir, 

Alderman Robinson— I will try and enlighten 
you some next Monday. 

The order was specially assigned to the next 
meeting. 

PAPERS FROM THE COMMON COUNCIL. 

Petitions were referred in concurrence. 

Seventh Report ot Superintendent ot Printing 
(City Doc. IT). Placed ou file. 

Report (inexpedient) to grant oetition of L. D. 
Welby and others, for the abolition ot the "con- 
tract system." Accepted in concurrence. 

Order for Superintendent of Health to remove 
the snow and ice from the yards ot ihe several 
schoolhouses. Referred to the Committee on 
Health, in concurrence. 

ELECTIONS OF CITY OFFICERS. 

City Solicitor. A report came down nominat- 
ing Caleb Blodgett for Cify Solicitor. Accepted 
in concurrence. 

Alderman Hayden presented the following, 
which were read by the Chairman: 

To the Honoraole the Mayor and Aldermen of 
the Ciiy of Boston and to the Common Council of 
said City— The undersigned members of the bar, 
l^ractising in Suffolk County, respectfully repre- 
sent that they have had a long personal and 
pTOfessionai acquaintance with J. P. Healy, 
Esq., the preseiit City olicitor, and believe 
thar, no lawyer can be foucd so competent by 
integrity, experience, ability and iprofessional 
learning combined to perform the duties of 
Solicitor, and they further state that in their 
opinion the loss of his services in that capacity 
would be exceedingly detrimental to tha best in- 
terests of the city. 

Edward D. Sohier, H. W. Paine, S. Bartlett, 
William Gaston, E. R. Hoar, Charles A. Welch, 
Henry C. Mutchins, A. S. Wheeler, John D. Bry- 
ant, Gustavus A. Somerby, Nathan Morse, Chaun- 
cy Smith, S. E. Kewall, W. W. Warren, Augustus 
Russ, Francis W. Hurd, George G. Crocker, C. 
William Loring, Lewis S. Dabney, William Minot, 
Charles F. Walcott, George O. Shattuck, Elias 
Merwin, William S. Dexter, Joshua D. Ball, Ed- 
ward Aver.\ , Samuel W. Bates, W. G. Russell, 
Francis V. Balch, George S. Hale, Samuel Wells, 
Robert R. Bishop, T. K. Lothrop, Jon. F. Bar- 
rett, K. F. Hodges, A. C. Clarke, Robert D. Smith, 
Horatio G. Parker, Arthur Lincoln, T. H. Sweetser, 
J. A. Teele, John Lathrop, J. B. Richardson, E. 
A. Alger, A. R. Brown, Charles T. Russell, Robert 
Codman, Dwight Foster, R. M.. Morse, Jr., Harvey 
Jewell, W. A. Field, E. O. Shepard, J. C. Coombs, 
Francis A. Brooks, T. L. Wakefield, Lemuel Shaw, 
Thomas H. Russell, Edward A. Kelly, Edward 
Bangs, Thomas P. Proctor, Edward S. Rand, Cau- 
steu'Browne, .John T. Morse, Jr., Henry A. John- 
son, O. O. Stoddard, Charles P. Curtis, J. M. Pink- 
erton,John C. Ropes, Uriel H.Crocker, George 
Putnam, J. L. Stackpole, Henry W. Muzzey, Hales 
W. Suter, Frederick Dabney. 

Alderman Hayden moved to proceed to an 
election. 

Alderman Kelly— I hope the gentlemen will 
consent to have this election laid over for one 
week with the others. There is a great deal of 
difference of opinion in regard to the two candi 
dates, as well as other candidates. I make that 
motion. 

The question was put, and the Chair was in 
doubt. 

Alderman Flynn called for the yeas and nays. 

The motion was lost— yeas 5, nay.'^ 8: 

Yeas— Aldermen Bell, Flynn, Kelly, O'Brien, 
Tucker— 5. 

Nays— Aldermen Breck, Hayden, Pope, Robin- 
son, Slade, Stebbins, Viles— 7. 

The Board voted to proceed to an election. 
Committee— Aldermen Hayden, Breck. 

Whole number of votes 12 

Necessary toa choice 7 

John P. Healy 7 



89 



BO A.RU OF ALOERIVLEN 



Caleb Blodgett 4 

Charles Levi Woodbury 1 

Mr. Healy was declared elected on the part of 
the Board. Sent down. 

Superintendent oj Sewers— A report came up 
nominating William H. Bradley for Superinten- 
dent of Sewers, with minority nomiuatine Samuel 
L. Minot. Accepted in concurrence. 

Alderman Viles moved to proceed to a ballot. 

Alderman Flynn — I hope this nomination will 
lay over. As I voted for the other to lay over, I 
shall vote to have this take the same course. I be- 
lieve this is one of the oflBces in which there 
should be a change. But I am not prepared to 
vote today. 

'I'he motion to lay over was declared lost. 
Alderman Flynn doubted the vote and called for 
the yeas and nays. The motion was lost by a tie — 
6 for, 6 against: 

Yeas — Alde-.iuen Bell, Breck, Flynn, Kelly, 
O'Brien, luckei— 6. 

Nays — Aldermen Hayden, Pope, Robinson, 
Slade, Stebbins, Viles— 6. 

The Chairman— The Board will now pro ceed to 
an election. 

Alderman Flynn — I beg pardon. I don't think 
the Board has voted to proceed to an election. 

The Chairman— Is it the pleasure of the Board 
to proceed to an election ? 

The question was put and declared carried. 

Alderman Flynn doubted the vote and called for 
the yeas and nays. 

An election was ordered— yeas 7, nays 5: 

Yeas — Aldermen Hayden, O'Brien, Pope, Robin- 
son, Slade, Stebbins, Viles— 7. 

Navs— Aldermen Bell, Breck, Flynn, Kelly, 
Tucker— 5. 

Committee— Alderman Hayden, Robinson. 

Whole number ofvotes 12 

Necessary for a choice 7 

William H. Bradley 9 

Samuel L. Minot 3 

Mr. Bradley was elected on the part of the 
Board. Sent down. 

Superintendent of Hublic Grounds. A report 
came up nominating John Gal vin, with minority 
recommending the election of William Doogue. 
The report was accepted in concurrence. 

Alderman Robinson presented petitions as fol- 
lows: 

Christian Brown and one hundred others, in fa- 
vor of the election of William Doogue as City 
Forester, and representing that the duties per- 
formed by him during the past year have been 
most satisfactory, and at a ''eduction of one-half 
the annual appropriation he has produced a re- 
sult tnat has received the praise and commenda- 
tion of the great majority of the citizens of Bos- 
ton. 

Abbott Lawrence and seventy others, represent- 
ing that they take a deep interest in our Com- 
mon and public grounds, and are of the opinion 
that Mr. William Doogue has managed them dur- 
ing the past year with great elficieucy and skill, 
has been largely instrumental in maintaining 
them in a superior condition to former years, at 
about half the cost to the city; that he is an hon- 
est, efficient and skilful public servant, and it is 
their opinion that the public interest will be pro- 
moted by his 1 eelection as Superintendent of Pub- 
lic Grounds. 

Alderman Breck— I would like to have this elec- 
tion laid over for one week. I don't think there 
can be any harm in it. It will give us a chance to 
learn a little more about it. 

Alderman Slade- -1 can't hardly see any good 
reason for laying this over any more than the 
others . We all know what we have to go through 
if these nominations lay upon our hands, and J 
rather dread it myself. I should like to oblige the 
Alderman very much, but I don't know as I can 
see any good reason for it. 

Alderman Breck— For my part I am ready to 
proceed to a ballot at once, but I have been re- 
quested by some gentlemen to move that it be 
laid over. I don't know any reason in particular 
why they should ask it, except that the Aldermen 
may have more light. 

Alderman Kelly— I don't rise to make any ob- 
jection to laying this election over. For my part 
I am willing to vote every ballot here in a bunch, 
and vote for every man here. But there has been 
an agreement that it should be laid over, and I 
•will keep my word, though others have not done 
so. I have asked for the postponement of the 
election of City Solicitor. We make only a polite 
request to have them laid over, and it is n't con- 
sidered any more than the blowing out of a 



candle. I am willing to proceed to a ballot at 
once. Now, sir, there are two candidates here, 
and I am not prepared to vote against either one 
of them. If I should be compelled to vote, 
I should have the manhood to vote for 
one or the other. But at the same time I pre- 
fer to have the opportunity to look at the matter 
a little longer before I vote for either one or the 
other. If the gentleman had done as he agreed 
to do there would have been no election at all 
today. 

Alderman Robinson— t cannot hear more than 
one-half that is said, on account of the noise out- 
side here. 

The Chairman— The Chair will be compelled to 
order the audience out it they do not stop the 
noise. The next repetition of it, we will have to 
take measures to put a stop to it. 

The motion to postpone till the next meeting 
was declared lost. 

An election was ordered. 

Committee — Aldermen Breck, Kelly. 

Whole number of votes 12 

Necessary for a choice 7 

William Doogue 6 

John Galvin 6 

There being no choice, a second ballot was or- 
dered. 

Whole number of votes 12 

Necessary to a choice , 7 

John Galvin 7 

William Doogue 5 

Mr. Galvin was declared elected on the part of 
the Board. Sent down. 

Superintendent of Public Lands. A certificate 
came up of the election of Jerome S. Macdonald 
as Superintendent of Public Lands, in place of 
Robert W. Hall, chosen by this Board. 

Alderman Kelly— I move to lay this election 
over tor one week. 

Declared lost, and Alderman Flynn doubted the 
vote and called for the yeas and nays. 

The motion was lost — yeas 5, nays 7: 

Yeas— Aldermen Bell, Flynn, Kelly, O'Brien, 
Tucker— 5. 

Nays— Aldermen Breck, Hayden, Pope, Robin- 
son, Stebbins, Slade, Viles — 7. 

An election was ordered. Committee— Aldermen 
Slade, Breck. 

Aldermen Tucker sent the following to the 
Chair to be read: 

RoxBUEY, Mass., Feb. 10, 1879. 

Jos. A. Tucker. Usq., Alderman of the City of 
Boston : Dear Sir — I am informed that a Super- 
intendent of Public Lands is to be voted for by the 
Board of Alderman this afternoon. Knowing the 
present incumbent intimately as I do, I sincerely 
trust he will not be reelected. My reasons for 
this are not of a personal character, for my rela- 
tions with him have always been of the most 
friendly description. My objections, which are 
on public grounds, are as follows: First, his man- 
agement of the public property is such that the 
city fails to derive from it an adequate return, 
such a return as could readily be obtained by any 
prudent man of business. Second, that under his 
charge the public property is neglected, that dep- 
redations are allowed which he might prevent, 
and that through his neglect much of the proper- 
ty has greatly depreciated in value. Third, thac 
the active duties of his office, which should be 
performed hy himself, are delegated to assistants 
who are incompetent and would not be employed 
in the same capacity by any actual owner of prop- 
erty. 

Other objections quite as strong as those named 
exist to the continuance of this man in office. If 
you are acquainted with him, one of these objec- 
tions, at least, must already present itself to you. 
It is well known to many members of the present 
City Government, and "need not be specified or 
stated here. 

The three charges which I make specifically I 
can substantiate by unimpeachable testimony, 
and the fourth objection which is hinted at is too 
obvious to require proof. 

Yours very respectfully, 

W. Elliot Woodward, 

Alderman Stebbins— To any person familiar 
with the real-estate transactions of W. Eliot 
Woodward, a single word need not be said. The 
letter should not have any weight whatever. It 
is not entitled to the slightest importance or con- 
sideration from any member of this Board. I pre- 
sume what I state will be borne out by every 
member of any city department who is at all 
familiar with the transactions. I think, sir, that 
if you could come upon the floor you could, with 



FEBRUARY 10 



ia79 



90 



your knowledge o! some of the transactions I re- 
fer to, enlighten this Board upon the subject. To 
any member of this Government at all familiar 
with those transactions the communication is en- 
titled to no weight whatever. I say it, knowing 
full well what I say, and knowing what conclu- 
sions may be drawn from my statement. It ia 
proper to add also that Mr. Woodward was a very 
large owner of the land affected by the filling of 
the Northampton-street district— or rather he 
owned the equity in a very large amount of prop- 
erty. He availed himself of his legal rights and 
surrendered half a million dollars' worth of real 
estate to the city. Happily, through the 
vigilance of some 'one— I will not say Mr. 
Hall entirely, but mainly through the City 
Solicitor's Department — this property has not been 
forced upon the city at the unreasonable valua- 
tion which was firstput upon it. The litigation is 
still pending, and I apprehend that the person 
owning the equity in this property will not re- 
ceive any equity whatever. It Is proper to say 
that Mr. Hall, as the agent of the city, has the 
management of that property, the collection of 
rents and the employment of persons to look after 
the property. And I do know, as a positive fact, 
that this property, which the city of Boston has 
been compelled to take from .Mr. Woodward, is in 
better condition than when he surrendered it. 
Whether he was trying to better himself, by for- 
cing a sale of this property, I don't know;j but I 
say this in reply to the somewhat remarkable 
communication which he has seen lit to address 
to a member of this Board. 

Alderman Flynn — In order that members may 
have time to satisfy themselves of the truth or 
falsity of this statement, I would move to lay the 
election over. 

Alderman Stebblns — I think Mr. Hall is entitled 
to a fair hearing. After twenty-tive years in the 
service of the City Government, working faith- 
fully, doing his duties to the satistaction of mem- 
bers of the City Government generally, and at a 
small salary — after a quarter of a century of such 
service, I agree with the Alderman that the elec- 
tion had better lay over in order that he may have 
an opportunity to meet the charaes of Mr. Wood- 
ward, for I know what the result will be. 

The election was laid over until the next meet- 
ing. 

Alderman Stebbins moved that the communica- 
tion from Mr. Woodward be referred to the Com- 
mittee on Public Lands on the part of the Board, 
with instructions to report on Monday next. 

Alderman Kelly— I think the Council should 
have something to say about that, and that it 
should be a joint committee. 

Alderman Stebbins — I am willing it should be a 
joint committee. I accept the suggestion. 

The communication was referred to the Joint 
Committee on Public Lands, with instructions to 
report to the Board on Monday next. 

TUNNEL TO EAST BOSTOSf. 

An order came up for the Mayor to petition the 
Legislature for authority to construct a sub-ma- 
rine tunnel from the city proper to East Boston. 
Kef erred to a special committee (Messi s. Shep- 
ara, J. J. Doherty and Bowker, to be joined). 

Alderman Kelly — I would like to add a short 
amendment to that order, so that it shall read 
"tunnel or bridge." I wish to add the words "or 
bridge." 

The ameodment was adopted, the Board con- 
curred in the reference and the Chairman joined 
Aldermen Robinson and Pope to the committee. 
Sent down. 

REPORTS FROM CITY OFFICERS. 

The quarterly report of the Board of Overseers 
of the Poor was received. Sent down. 

The Auditor's Exhibit for Feb. 1 was received 
and sent down. 

The report of the Fire Commissioners on the 
number and character of the fires and alarms in 
January was received and sent down. 

BOND APPROVED. 

The bond of John E. Butler, Constable, being 
presented auly certified, was approved by the 
Board. 

THE CONSOLIDATED STREET-IMPROVEMENT LOAN, 

The following was received, referred to the Com- 
mittee on Finance and sent down : 

To the Honorable the (Jlty Council: Gentle- 
men—Having received a communication from 
the New England Mutual Insurance Company, 
representing that they have purchased certain 
five per cent, sterling bonds of the Consolidated 



Street Improvement Loan of the City of Boston, 
dated July 1, 1869, and maturing July 1, 1899, and 
desiring to learn whether the city made a con- 
tract with Messrs. Baring Brothers & Co., to buy 
annually at par a certain number of said bonds, 
intends to assert such right against the saia com- 
pany who allege that they purchased in igno- 
rance of such contract. I herewith present the 
matter for your consideration and action. 

Frederick O. Prince, Mayor. 

Hon. F. O. Frince, Chairman of the Finance 
Committee of the City of Boston: Dear Sir — We 
have purchased certain five per cent, sterling 
bonds of the Consolidated Street Improvement 
Loan of the City of Boston, dated July 1, 1869, and 
maturing July 1, 1899. Since they came into our 
hands we have been tola that the city claims, 
under a contract with Messrs. Baring Brothers & 
Co., the right to buy annually, at par, a certain 
number of said bonds, the series taken being de- 
termined by lot. 

We beg to inquire whether such a claim is made 
by the city as against us, who have purchased the 
bonds in the market in ignorance of any .such 
contract. 

Very respectfully, 

Benj. F. Stevens, Chairman. 

LICENSES. 

Alderman Flynn submitted reports from the 
Committee on Licenses as follows : 

Victuallers' Licenses Granted— Francis Curry, 2 
Pearl street; George Rehm, 9 Franklin avenue; 
James T. Dennis, 12 and 14 Beach street; Michel 
Autler, 196 South street; Mrs. A. M. Daggett, 57 
Eliot street; Charles D. Bickford, corner Wash- 
ington street and Chestnut Hill avenue, Brighton 
District; John M. Schell, 19% Brattle street, re- 
moval from 47 Eliot street; Daniel J. Ryan, 36 
Dorchester avenue. 

Minors' Applications Granted — Fifty-eight 
newsboys. 

Report that George L. Wentworth have leave to 
run an omnibus from Brighton to Faneuil Hall 
Market one trip daily in the early part of the day. 

Alderman Stebbins — It is usual to limit the fare. 

Alderman Flynn — The committee considered 
that matter, but as it was to run very early in the 
morning, and make but one trip, the committee 
thought it best to allow him to regulate his own 
fare. 

The report was accepted. 

ESSEX-STREET BRIDGE. 

Alderman Kelly offered an order— That the 
Committee on Bridges be authorized to repair 
and enlarge the draw pier of Essex-street Bridge 
at a cost not exceeding $2500; to be charged to the 
appropriation for Bridges. 

Read twice and passed. 

STREETS. 

Alderman Flynn submitted the following from 
the Committee on Streets on the jaart of the 
Board : 

Report that no action is necessary on the peti- 
tion of Franklin King for abatement of assess- 
ment, as the claim has been settled in court. Ac- 
cepted. 

Order to pay Mrs, C. M. Weits, guardian, $121, 
for land taken and all damages occasioned by the 
widening of Tiemont street. Read twice and 
passed. 

Ordered, That whenever the Committee on 
Streets of this Board deem it tor the best interest 
of the city to refer claims for damages or better- 
ments relating to the laying out or widening of 
streets to arbitrators for settlement, the said 
committee is hereby authorized to refer such 
claims, with the approval of his Honor the Mayor 
and the City Solicitor. 

Passed. Sent down. 

PAVING REPORTS AND ORDER. 

Alderman Slade submitted the following trom 
the Committee on Paving: 

Report and order for a hearing on Monday, 
March 3, on the petition of the South Boston 
Railroad Company for leave to lay and use a 
curved track in South and Beach streets. Order 
passed. 

Report of leave to withdraw on the petition of 
Henry C. Brophy, that duplicate names of streets 
be abandoned and that South street in Ward 12 
be called Hugo street. Accepted. 

CLAIMS. 

Alderman Stebbins submitted a report from the 
Joint Committee on Claims of leave to withdraw 



91 



BOARU OF ALDERMEIS! 



on the petition of Jeremiah Reagan to be com- 
pensated lor personal injuries received by the 
fall ot a bale upon him iu Purchase street. Ac- 
cepted. Sent down. 

THE FEBKIES. 

A communication was received from the Di- 
rectors of the East Boston Ferries, rtquesting 
that they be authorized to contract for a new 
ferry boat, at a cost not to exceed forty-live thou- 
sand dollars; and also for permission to sell tne 
ferry boat General Grant, the proceeds to be 
paid to the City Collector; the sale to be upon 
such terms and conditions as they may deem best 
lor the interests ot the city. "Referred to the 
Joint Committee on Ferries. Sent down. 

STEAMBOAT ■WHARF, DEEB ISLAND. 

The Chairman submitted a report from the Com- 
mittee on Finance on the communication from 
the Directors tor Public Institutions in regard to 
the repairs, etc., on the wharf at Deer Island, with 
the following: 

Ordered, Ihat the Auditor of Accounts be and 
he hereby is authorized to transfer from the ap- 
propriation for the House of Industry the sum of 
nine thousand (19000) dollars, to constitute a spe- 
cial appropriation styled "Steamboat Wharf, Deer 
Island," and the Board ot Directors tor Public 
Institutions are hereby authorized to expend so 
much thereof as shall be needed in enlarging and 
repairing the steamboat wharf at Deer Island. 

Read twice and passed— yeas 12, nays 0. Sent 
down. 

ASSISTANT SDPEKINTENDENT OF THE MARKET. 

Alderman Slade offered the following: 

Ordered, That the Superintendent o( Faneuil 
Hall Market be authorized to employ, subject to 
the approval of his Honor the Mayor, one deputy 
to assist him lu the discharge of the duty oi his 
office. 

Alderman Slade — I would state that that does 
not incur any additional expense, it is merely to 
empower some one now employed to act as 
deputy. 

The order was read twice and passed. 

TBE PROPOSED PURCHASE OF THE HORSE RAIL 
ROAD TRACKS IN THE CITY. 

Aldermen Scebbins olfeied the following: 
Whereas, The following petition is now under 
consideration by a committee ot tne General 
Court: 

"To the Honorable Senate and House of Repre- 
sentatives iu General Court convened: 
"Tjje undersigned citizens and taxpayers of the 
city of Boston respectfully represent that a large 
amount of street railway tracks in the city of Bos- 
ton are used in common by the cars ot different 
street railway companies; 

"That such tracks so used in common do not be- 
long to the same railroad company, but some of 
said tracks to each of the street railway compa- 
nies entering the city of Boston and doing busi- 
ness therein ; 

"That it is important that the care and manage- 
ment of the tiacks shall be under one responsiole 
head, and that, as chey constitute apart ot the 
street pavement which is cared for by the city, it 
is expedient to vest this care and management in 
the public authorities of said city, and that the 
additional burden caused by such an arrangement 
should be borne by the respective street railway 
companies making use of such tracks. 

"Wherefore your petitioners pray that an act 
may be passed authorizing the city to acquire, for 
suitable compensation, the street railway tracks 
in the said city, or any part thereof, and to as- 
sume the care and management thereof, and be- 
come wholly responsible for the same, charging to 
the street railway companies who run cars for 
the conveyance of passengers over the same such 
suitable rates of toll as shall adequately compen- 
sate the city for the additional burden thereby 
assumed. 

"Thomas J. Whidden. John F. Newton. 
Charles R. McLean. George P. Lovering, 
W. A. Simmons. G. C. George. 

Roland Worthington. Robert Johnson. 
John L. Swift. John R. Hall. 

J. J. Munroe. Samuel T. Cobb. 

Henry W. Lincoln. W. Wallace Waugh. 

John Anderson. 



"commonwealth of massachusetts. 
"Secretary's Department, i 

"Boston, Jan. 20, 1879. 1 

"I approve the publication of the above petition 
in the Boston Daily Evening Traveller. 

"Hekry B. Peirce, Secretary," 

Wherea?, It appears that to acquire the owner- 
ship of the Street railway tracks in this city would 
involve an expenditure of more than two million 
dollars, as shown by the following statement de- 
rived from the returns made by the street rail- 
way corporations to the Board of Railroad Com- 
missioners, exhibiting the cost of laying the 
tracks of their respective roads, viz.— 

Metropolitan §1,275.596.89 

Middlesex , 433,465.33 

Highland. .... 245,981.59 

South Boston 225,040.28 

Whereas, The maximum Lumber of cars which 
can be accommodated in the more crowded 
portion ot the public streets has been reached, 
and no further legislation tending to increase the 
number should be tavored ; and 

Whereas, The present rules and regulations for 
running street railway cars have removed many, 
if not all, of the difficulties and annoyances here- 
tofore complained of, and are giving public satis- 
faction ; and 

Whereas, A transfer, of ownership, such as is 
contemplated by the petition would carry with it 
the responsibility for accidents caused by defects 
in the tracks and render the city liable therelor: 
therefore be it 

Resolved, That in the opinion ot this Board, 
acting as surveyors of highways for the city of 
Boston, it is inexpedient to vest the ownership, 
care and management of the street railway tracks, 
located in this city, in the city of Boston. And it 
is hereby 

Ordered, That the City Clerk forward to the 
General Court an attested copy of the foregoing, 
and that the City Solicitor be directed to appear 
before the committee to whom the matter has 
been referred and oppose the legislation asked 
for in the aforesaid petition. 

Alderman Stebbins— I will not ask for a second 
readiDg oJ the order, because of its importance. I 
hope the members will familiarize themselves 
with the liabilities ot the city in case such legisla- 
tion should take place. 1 hope the Board will 
cor with the City Solicitor. There are some 
objections, which 1 would prefer not to state in 
open Board, but there are imnortant facts con- 
nected with this subj which tb ity Solicitor 
will communicate. The order will lie over until 
the next meeting. 

Alderman Kelly— What would be the condition 
of the Legislature on this matter ? 

Alderman Stebbins— No hearing has been had 
yet. The time tor the publication expires today. 
It will be necessary for this Board to act alone, as 
the surveyors of highways, as provided for in the 
city charter. 

The order went over. 

wooden buildings. 

Alderman Viles submitted a report from the 
Joint Committee on the Survey and Inspection ot 
Buildings, recommending the passage of an order 
for a permit authorizing J. A. Wellington to erect 
a wooden building on Wesson & Gray's wharf, 
according to an application on tile in the Depart- 
ment tor the Survey and Inspection of Buildings. 

Order read twice and passed. Sent down. 

mercantile WHARF. 

Alderman Robinson offered the following: 

Whereas, The city of Boston has not availed 
itself of its option to purchase the estate bonded 
to the city by the Mercantile Wharf Corporation, 
and formerly used as a vegetable market: it is 
therefore hereby 

Ordered, That the Auditor of Accounts be di- 
rected to return to said Mercantile Wharf Corpo- 
ration their said bond dated May 1, 1875, the lim- 
itation ot said bond having already expired. 

Passed. Sent down. 

Alderman Robinson — I find this on my desk, and 
I presume he desires to get the voice of this Board 
to allow him to return this bond. I presume 
that is the meaning of it. 

The order was passed. Sent down. 

Adjourned. 



COMMON COUNCIL. 



9-2 



CITY OF BOSTON. 



Proceedings of the Common Council, 

FEBRUARY 13, 1879. 



Regular meeting at 7% o'clock P. M., William 
H. Whitmore, President, in the chair. 

tHk time for making a motion to keoonsidek. 

The President— The Chair desires to offer a cor- 
rection of the report of his ruling on an important 
tluestion at the last meeting. At a stage of the 
proceedings preceding the time fixed for motions, 
orders and resolutions, Mr. Barry of Ward 22 
moved a reconsideration of a vote just passed. 
The Chair ruled it to be out ot order; but on con- 
sultation with the Clerk he found the conti'ary 
practice had obtained. He intended to say, when 
he reversed his ruling, that it was because he 
had learned that rulings to the contrary of his 
first decision had been customary. The omission 
of this reference to his first decision makes the 
printed report ambiguous; but his intent was as 
above stated. 

The Council having sustained the decision of 
the Chair that a reconsideration could be moved, 
such is now the rule. Yet the Chair has not been 
without doubts as to the regularity of the action 
taken. On a reference to the proceedings of the 
Council for the past tour years, he finds many 
instances where' a reconsideration has been so 
moved. He also finds numerous instances where 
the Chair, when objection was made, has ruled 
the motion to be out of order. Many irregular 
motions are allowed if no objection be made. 

The reference to -'Cushing's Manual" or his 
larger treatise is equally unsatisfactory. Section 
1266 states that, "where there is no special rule on 
the subject, a motion to reconsider may be made 
at any time or by any member, precisely like any 
other motion, and subject to no other rules." 

But here the stress lies in the fact that it can be 
made "precisely like any other motion," and Rule 
41 of the Common Council fixes a time, seventh in 
the course of proceedings, for "motions, orders 
and resolutions." Cushing, therefore, is not at 
variance with the custom ot previous presidents 
who have postponed all motions for reconsidera- 
tion to the latest stage of the proceedings at any 
session. 

But Cashing treats (Part VI., Chapter vi., Section 
3) of motions relating to the general course and 
order of proceeding, and says (§1517) that they must 
"supersede or interrupt the subject under con* 
sideration at the time, and are first to be put to 
the question." "The most important motion otthis 
description is the motion to adjourn." In section 
1520 he mentions various other motions of like 
nature and precedence, including a call ot the 
house; but he omits several which arise in our 
sessions. Tims the motion to suspend the rules, 
though a motion, mws< be made when other mo- 
tions are not in order. So a motion to limit the 
time tor debate, by fixing an hour for taking the 
vote, must be and is admissible. Probably a mo- 
tion to limit speeches to three minutes or less is a 
privileged one. 

In fact, it would seem that most ot these admis- 
sible motions are such as introduce uo new sub- 
ject before the Council, but relate entirely to the 
mode in which the matter under consideration 
shall be handled. Even the motion to adjourn is 
hue another mode ot postponing the debate then 
progressing. The motion to reconsider is the 
final step m the course by which all motions are 
considered and decided. 

It is also tiue that the rules of any deliberative 
body undergo change, as new conditions arise, 
since these rules are intended to facilitate, and 
not to hinder, the progress of business. 

The Chair therefore feels bound to consider the 
action of the Common Council in approving his 
decision, as an ernression of their opinion that 
common sense and convenience hold the motion 
to reconsider a vote just passed as one of those 
imperative, subsidiary motions which introduce 
no new matter to the attention of the Council, 
and are therefore in order. Of course, if the 
motion *.o reconsider be not made at once, it can 
be made under the head of motions, orders and 
resolutions, and also as prescribed hy our rule 66. 



PAPEES FBoia THE BOAl^D OF ALBiJKMEN^ 

Petitions wsre referred in concurrence. 

Executive communication in regard to the 
right to purchase certain bonds before maturity. 
Referred to Finance Committee in concurrence. 

Request of directors of the ferries for authority 
to contract for a new boat and to sell the boat 
General Grant. Referred to the Committee on 
the Ferries in concurrence. 

Communication from W. Eliot Woodward 
against the reelection of Robert W. Hall as Su- 
perintendent of Public Lands. Referred to Joint 
Committee on Public Lands in concurrence, with 
instructions to report on Monday next. 

Petitions in favor of the reelection of John P. 
Healy as City Solicitor and William Doogue as 
Superintendent of Common and Public Grounds. 
Severally placed on tile. 

Reports of city officers. Placed on tile. 

Report of leave to withdraw on the petition of 
Jeremiah Reagan to be paid for personal injuries 
from the fall of a bale of wool upon him. Ac- 
cepted in concurrence. 

Report and order to issue a permit to J. A. Wel- 
lington & Co., to erect a wooden building on Wes- 
son & Gary's wharf. Order passed in concur- 
rence. 

Order to return to Mercantile Wharf Corpora- 
tion the bond of May 1, 1875, for the option of the 
city to purchase the estate formerly used as a 
vegetable market. Passed in concurrence. 

Amendment to order concerning a tunnel to 
East Boston,— by inserting "or bridge." Con- 
curred. 

Report and order to transfer $9000 from appro-^ 
priation for House of Industry, the needed amount 
thereof to be expended in enlarging and repair- 
ing the steamboat wharf at Deer Island. Order 
passed to a second reading. On motion of Mr. 
Locke of Ward 14 the rule was suspended and the 
order was read a second time and passed in con- 
currence—yeas 68, nays 0. 

ELECTIONS. 

Superintendent of Common and Pablio 
Grounds, a certificate came down of the elec- 
tion ot John Galvin as Superintendent of Public 
Grounds. 

On motion of Mr. Rosnosky of Ward 16 a bal- 
lot was ordered. 

Mr. Mullane of Ward 12— Mr. President, In 
making the minority report and presenting the 
name of Mr. William Doogue, I do so from no 
personal animosity to the majority nominee, but 
simply because, all things considered, the elec- 
tion of Mr. Doogue will satisiy the largest pro- 
portion or the citizens and the public. It will be 
renc^embered that there was considerable dissat- 
isfaction with respect to the manner in which 
the department ot Common and Public Grounds 
was managed during the last two or three 
yea IS of the former superintendent's administra- 
tion, especially in regard to the expenditure of 
money and the manner in which work was done. 
This culminated in an investigation, which was 
quite lengthy, which it is not necessary for me to 
go into at this time. Suffice it to say that a new 
superintendent was elected, and notwithstanding 
the appropriation for this department was re- 
duced more than forty-three per cent, from the 
appropriation of the preceding year, and twenty- 
three per cent, more than the reduction made in 
any other department— notwithstanding this, and 
that Mr. Doogue was at the disadvantage of suc- 
ceeding to a position occupied twelve or fifteen 
years by his predecessor, he performed the work 
more to the satisfaction of the citizens of Boston, 
employed the same number of men, and only 
spent half the amount of money. If after we 
have tester! a man like this and find 
him to be a real reformer — one who does 
the work tor half what It was formerly done for, 
we are to testify our approval by turning him out, 
I say real reform has a poor show at City Hall. 
Mr. Doogue has been tried, and proved a perfect 
success to the last year's committee as a man of 
thorough knowledge of his business, as one who 
performs his work faithfully and economically, 
and who received the unanimous approval of 
press and public. His faithfulness and efficiency 
deserve our indorsement. With this opinion and 
knowledge as a meanier ot the Commit- 
tee on Common and Squares last year, 
1 feel it my duty to nresent his name. 
It is well known that last year's committee had 
to undo work of the former superintendent and 
do it over again, on Monument Hill and Washing- 
ton square, and to complete Orchard park. Cora- 



93 



COMMON COUNCIL 



monwealth avenue and its trees stand as evidence 
of how work was done. Yet, with all this work to 
do over again, not reckoned in the estimates, un- 
der the sliilful management of Mr. Doogue but 
half the termer expense was incurred. 

I propose to be as loyal to my constituents as 
any Dnan, but I do not believe the majority o£ 
them desire this change; nor do I believe any par- 
ty can stand up under such a move as the re- 
moval of a taithful official who in one year has 
reduced the expenses one half. Mr. G-aiviu has 
had this office fifteen years; let him step aside for 
his successor, who has proved he could perform 
the duties better and more economically. I am 
glad to have been on the Committee on Common 
and Public Squares last year; iheir record is be- 
fore the public; let it be compared with those of 
t"he five years preceding. 

Mr. McGaragle of Ward 8— As one of the major- 
ity of the Nominating Committee who reported the 
name of Mr. Galvin, I wish to say a few words iu 
rejply to the gentleman from Ward 12, and in do- 
ing so I intend to voice my own words and not 
those of an ex-Alderman of the City Govern- 
ment; I intend to make my own report, 
ana I don't go to the office of the Com- 
mercial Bulletin, and ask him to make a 
report for me. If I am out of order the President 
can call me to order. If I do anything, 1 do it on 
myownmerirs, and 1 don't go around seeking 
the opinious of other men to help me out. Mr. 
Galvin is competent to perform the duties of the 
office. He has done it lor years, and done 
It faithfully. I don't stand here as his 
champion. When a man comes here and 
attacks the former superinteudent in the way in 
which it bas been done, it shows the barrenness 
of the argument, and tbat it was never done by 
the service of bis own free will. I know this be- 
cause I was there when this was making up, and I 
heard a part of it. We want solid facts here. 
Now, sir, they claim that the department has 
been run the past year on $45,500. But who made 
those estimates? T^hey were made up by John 
Galvin before this mail came into office. Was n't 
he ready to do the same work? Why should a 
man stand here and try to belittle a man who has 
been a faithful public servant for almost a quarter 
of a century? I may appear a little ex- 
cited, perhaps, because I staited iu this way. But 
I don't want to see a man standing here and voi- 
cing a report on manufactured evidence, and try- 
ing to abuse a man when there is no truth in it. 
Why don't he get up on his own hook' and voice 
his own sentiments? Why does he come here 
with a prepared manuscript and voice the opin- 
ions of an ex-Aldermau? I am ashamed of it. If 
I was a resident of his ward I should be ashamed 
of the representative. 

Mr. Swift of Ward 9—1 am not acquainted, Mr. 
President, with either of the oanaidates for this 
position, and I don't know either of tliem by 
sight; and yet I think I do know sufficient facts 
to vote on this question intelligently. I am very 
tar from making any charges against anybody, 
and I have not any intention of even intimating 
that any charges could be made. I simply shall 
cast my vote upon facts wnich are well authenti- 
cated. The Common and Public Garden and 
squares have been conducted the last year by 
Mr. Doogue, and it has been a matter of common 
remark by many of the citizens that the 
Common and Public Garden and squares were 
never so well cared for and never so tastefully ar- 
ranged as during this last year. Universal satis- 
faction has been given. And then, upon consult- 
ing the report of the Auditor of Accounts, we find 
that a year ago, ud to February, the expenditures 
were $78,319. This year, by the Auditor's report 
for February, the expenditures were .'$43,276, more 
than §35,000 less. Now, a man who can do the 
same work as well or better for half the money, 
and save $35,000 to the city, it appears to me, 
ought not to be turned out of the office, and this 
is not a matter of appropriation in the least. It 
is a matter of expenditure. These are all the 
expenditures, and the appropriation has not yet 
been exhausted. 

Mr. Rosnosky of Ward 16—1 am one of the ma- 
jority of the Nominating Committee who brought 
in the name of Mr. Galvin. I was not aware that 
any speeches were to be made here this evening, 
and if I had been I should have taken the advice 
v)f some of the ex-Aldermen of 1877. The gentle- 
man states that last year charges were preferred 
against Mr. Galvin. He is mistaken. They were 
made in 1877, and they were not proved. The 
committee brought in their report that they 



couM not find any charges proved against Mr. 
Galvin. The gentleman from Ward 5 states that 
the appropriation was ¥45,000. This was not 
brought in by Mr. Doogue. It was brought in by 
Mr. John Galvin. The gentleman from Ward 9 
states that there bas been great economy in the 
department, I would inform him that the labor- 
ing men received $1.75 per day, and in order to 
make a saving they cut them down to a dollar 
and a half. Where did they make that saving? 
They cut them off the poor man. [Loud applause 
in the gallery. | 

Mr. Lauteu oi Ward 14-1 rise to a point of or- 
der. It seems that there are several men in the 
gallery who are not aware tbat the rules ol the 
Council forbid atiy demonstration on either side. 

The President— The Chair would remind the 
gentlemen in the galleries that the rule of the 
Council requires that no demonstrations should 
be made by either party, and the rule will be en- 
forced tonight. Gentlemen must desist from 
demonstrations, or the galleries will he cleared. 

Mr. Rosnosky— I think the friends of Mr.Doogue 
ought to discuss this question upon its merits. I 
don't think the committee could say anything 
against his work. But, as a member of that com- 
mittee, I think injustice was done to Mr. Galvin 
last year. Charges were preferred against him, 
and he was put out by a non-partisan City Gov- 
ernment. I claim that for that reason he ought 
to be elected. 

Mr. Sibley of Ward 5— In r. gard to this appro- 
priation, having had the honor of being a mem- 
ber of the Committee on Public Grounds last year, 
I would say that the appropriation asked for,with 
Mr. Galvin as superintendent, was $56,000.. Mr. 
Galvin appeared before the committee and said 
that he thought that sum would- be neces- 
sary. The committee, consisting of myself 
and souae others, not knowing the details 
of the department, and knowing it was a large 
amount less than the year before, asked for that 
sum. The committee having cut down that ap- 
propriation to 845,500, 1 asked to have it reinstat- 
ed in the Council, but tbe Council thought it not 
proper ana questioned the report of the Commit- 
tee ' on Auditor's Estimates. We have gone 
through the year; I tbink all has been aone that 
is necessary and we have haa money enough. 
Mr. Galvin and the committee asked for |56,000 
and we got $45,500. 

Mr. Mowry of Ward 11 — It seems to me that the 
question that naturally arises in eoMuectlon with 
this election is this: As Mr. Doogue performed 
bis duty faithfully, economically and with ability, 
it is admitted upon all sides that he has per- 
formed the duties ot hi.», office with great 
ability. If that is the case I submit 
whether we are not under obligation to elect Mr. 
Doogue City Forester. It seems to me no more 
than right that we should elect him to this posi- 
tion. Then we will give to the person occupying 
this position some encouragement to believe that 
if he performs his duties faithfully he will be re- 
elected and appreciated by tbe City Council and 
the public. 

Mr. Colby of Ward 18—1 dislike very much to 
discuss the merits or demerits of men, and would 
prefer to cast my vote silently, and lihus by my 
act show what I desire the Council to do in this 
matter. The comonittee have madea report and 
presented Jor our consideration tbe names of two 
individuals. I do not know the gentleman who 
has been presented by a majority of the commit- 
tee, and the gentleman who has served the city 
faithfully for the past year I have only a slight 
acquaintance with. But I do know that when I 
sat here one year a^o, when this subject came up 
for discussion, there was quite a contest for the 
candidates. The gentleman who has submitted 
his annual report this evening was chosen. 
What we considered a very small appropriation 
was made for him, and it seems to me 
that he has used it economically and well. 
A very large portion ot the citizens are fully sat- 
isfied with his work, and the appropriation has 
been well expended. If tbat be the fact, I don't 
know any reason why we should not reelect him 
to that office. A great deal has been said in years 
past concerning the name of one man whose 
name Is presented here tonight, and he 
has occupied the position of City Forester 
for eighteen years. I claim that we are 
to judge of men by what they do. And it we 
must judge of Mr. Galvin by the work he has 
done, and we must conclude that he has shown 
little skill in the management ot the department, 
no knowledge of horticulture or arboriculture. 



FEBRUARY 13 



ia79 



94 



The dead trees on our Common aud public 
squares stand as a monument to his fault. 
Then the question arises, who is William Doogue? 
1 don't think I can state it better than by read- 
ing an extract trom one of the Democratic pa- 
pers oi this city. I must beg the pardon of the 
Council for using the word Democratic, for I do 
dislike, in an assembly like this, to use the word 
Democratic or Republican, in talking of men. 
This Democratic paper, which was issued about a 
week betore Mr. Doogue was elected to office, 
speaks of him in this style — 

"As the t'ity Council is now to elect a City 
Forester, it is well that a majority of votes are 
centred on the best man. Who is that man, and 
what is he ? William Doogue is his name. IF/iaf 
he is we will endeavor to answer. He is by occu- 
pation a florist and gardener. His experience is 
extensive and varied. As a florist he has long 
and favorably been known to the citizens of Bos- 
ton, His taste is artistic in the best sense, as 
many an occasion and its floral decorations in 
Boston and the suburbs have testified. He is also 
a gardener of rare taste aud originality. Coming 
to the man and his dealings, we can say of him In 
entire truth that he is squarely honest, and hon- 
estly square. There is not in all Boston or else- 
■where one more so. His dealings are as clean as 
the conscience of a saint. Elected to the office 
of City Forester— aud we most sincerely hope 
he will be— he will demonstrate what honesty 
and capacity are capable of. There is not a par- 
ticle of the politician or manager in or ot him. He 
is straightforward and frauk — as open as the 
broad noonday. Nor would he be led into the 
baseness of fawning upon oflicials— a path that 
has been trodden so freely and constantly for 
years past. Still more, he would ?iot incline to 
the extravagance of spendina; the city's money 
unduly. IVlr. Doogue is the sort of man who eats 
his own ainuer by first paying for it out of his 
own pocket; and he does not require free two 
every aud all days in the week. Elected he would 
devote himself to the legitimate duties of the 
office wirh characteristic diligence and intelli- 
gence, and show to the people that a man may 
hold office and not dabble in all sorts of doubtful 
and worse matters. His garments would not be 
found coverea with spots, nor his hanas smirched 
with money not properly his own. Such are, 
briefly, who and what is William Doogue." 

Those remarks were very applicable at that 
time and I think they are this evening. He has 
performed the work assigned him nobly and well. 
A small appropriation of $45,500 was "given him 
and he makes UD his annual report ana shows a 
balance on hand of 181723 57, ana out of 
that appropriation there have been paid 
debts contracted by his predecessor, amount- 
ing to $801.32. He has set out many new trees in 
the place of those aead and dying through the 
lolly o( his predecessor, and still shows that there 
are 2411 dead and 349 damaged. It that was not a 
bad record for any man to commence with 1 
should like to see one that is. He has beautified 
Orchard park. Washington park was a dump tor 
the offal of the city, 1 might say; he has made it a 
paradise in comparison with what it was before. 
I don't see any reason why this Council should 
not reelect him. 

Mr. Morgan of Ward 15—1 should like to ask 
the gentleman one question. From what paper 
was this editorial clipped? 

Mr. Colby— I will show the gentleman the paper. 
He is familiar with the print. 

Mr. Perkins of Ward 17—1 believe that this 
Council should elect Mr. Doogue a<5 City Forester 
tonight for the following reasons: That he is an 
honest man, a man capable for the position, su- 
perior in his qualifications; while the man who 
has the majority nomination has a record which 
•will throw doubt upon the good policy of electing 
him to the position. I believe this City Govern- 
ment should elect Mr. Doogue for economy'.s sake 
aud in the interest of reform. If we are true to 
the people who sent us here, we shall certainly 
cast our votes for Mr. Doogue, and I hope we 
shall do so. 

Mr. Greeuough of Ward 9—1 do n't propose to 
detain the Council very long before we go to a 
ballot, but I should like to make a few lemarks 
upon this subject. There has been enough said, 
I think, by the gentleman from Ward 12 and oth- 
ers who have spoken on the question of the sav- 
ing in the office during the past year. That it has 
been very great 1 don't think anybody can deny, 
but the gentleman from Ward 8 and 
others have spoken very highly of the 



gentleman who held this office before Mr. Doogue 
took it, and I wish to make a few remarks on that 
question. In so doing I wish to disclaim any per- 
sonal feeling. Like other gentlemen who have 
spoken, I have not seen the gentleman nominated 
by the majority. Some years ago I had the pleas- 
ure of entertaining a distinguished officer from 
the South, who was on a visit to boston, for which 
he had great admiration, aud which he 
had n't seen for many years. He visited 
all the institutions, and exi^ressed himself 
in the highest terms about almost every- 
thing he saw. But there was one thing he coula 
not understand, and that was why the city of 
Boston should keep its Common in such a shame- 
ful condition. I could only apologize for it. The 
charge made by that gentleman was true, and 
nine-tenths of the people believe it to be so. A 
large majority of the citizens care very little 
about who tills most of the offices in City Hall. 
But when you come to the Common and 
squares it is a different thing. There is 
scarcely anybody who does not reside near 
the Common aud squaies or saunter upon them 
during the summer; and the opinion which has 
been generally expressed, for the past five years, 
before Mr. Doogue was put in, was more vigorous 
than choice. We have been accustomed to 
see the trees on the Common either dead or 
mangled so that thev look worse than dead, and 
we thought it hardly possible ttiat so much 
change could be made as has been doue in the 
past year. I think the most cursory observer 
could hardly walk across the Common last 
year without noticing the change. It seems to me 
that, tor the first time since the Common has 
been taken care of we have some one at the head 
of the department who understands his business. 
When we have an approyriation of $35,000 less 
than the previous year, and a superintendent 
who besides attending to his own business has 
done over again work which Mr. Galvin did 
wretchedly, 1 believe the people of Boston will 
think more highly of the City Council if they re- 
elect Mr. Doogue. 

Mr. Wolcott of Ward 11 — I am glad to rise here 
to speak upon a question which is in no sense a 
party question. I'he two candidates are Demo- 
crats, and the committee are divided between two 
party men. I wish to say that I should consider 
the election of John Galvin to the superintenden- 
cy of Common and squares as a most dangerous 
thing — dangerous for the Common and 
squares, and dangerous to the purses 
ot our tax - payers, and most danger- 
ous of all to the party which put him in. 
The gentleman speaks of the report of the com- 
mittee which acquitted him of malfeasance in of- 
fice. I deny that it was so. I say that report 
shows that a vote was passed authorizing him to 
go forward and do the necessary grading on the 
hill, and all the members of the committee testi- 
fied that the only sum seriously mentioned was 
about $300. The sum of $2500was mentioned by one 
member, but he said it was spoken of only as a 
joke. Mr. Slade said he had no idea it would cost 
so large an amount, and if id had been calculated 
that it would cost $2500 he would not have voted 
for it. Acting upon that vote, Mr. Galvin went 
to work ana entirely changed the contour of the 
hill, which cost many thousands of dollars, and 
all the work had to be doae ovei- again this year. 
Now, Mr. President, the pile of greenbacks which 
that amount represents might just as well have 
been stacked on Monument Hill and made into a 
bonfire. I made a mistake there, because we 
might have saved eight or ten very fine trees. 
The same may be said of Commonwealth avenue, 
A large amount of money has been wasted in 
poor trees which have been poorly set out. That 
work will have to be radically done over 
again at a large cost. It is not mere- 
ly the loss of money, but in this destruc- 
tion of trees, time is lost in their giowth 
which nothing can replace. The other can- 
didate is a man who, until the present 
year, I had very little acquaintance with. 
I was, as may be known, put late upon the com- 
mittee. I did not consider myself specially fitted 
to go upon that committee, although, having 
lived in the country all my life, I may know some- 
thing about trees. I have watclied the present 
superintendent carefully. I think he car- 
ried out the work faithfully and in 
good taste, and strictly in acconlance 
with the votes of the committee. Now, 1 will 
say, as 1 have said beiore, that this department 
should not be carried on by a shifting committee, 



95 



OOM.M.OJSr OOUNOIX^, 



who, just as they acquire some acquaintance with 
their duties, pass out and give place to an inex- 
perieucea couiaiit.tee. I think that departinout 
requires a systematic and organized inanagetnent, 
who could purchase trees tnia year, tet them out 
and transplaut them into our Common ami 
squares. I think that is permanentlv required in 
tne management of the department. Until that 
uay comes we should look carelully at the record 
of those two men. The candidate of the majority 
is not a new man, and is not untried in that office. 
His department v as perlormed in such a manner 
ihdt his mismanagement was touud fault with 
for years, until the growing dissatisfaction 
culminated last year, and he was displaced. 
Should he be put in again, unless the 
most radical change is made in his management, 
I venture the prediction that the most sluggish 
citizens and indifferent taxpayers would be gal- 
vanized into casting a vote which would sweep 
him out of office, as last year. The gentleman 
stated that last year the appropriation was based 
upon estimates made by John Galvin. No words 
could be spoken that should be more empty here. 
Granted that it was so; are gentlemen ignorant 
of the tact than that department came in and 
asked lor .$56,000, and that the committee cut it 
down to $45,000? 1 hope this will not be looked 
upon as a party aiatter. It is an issue between a 
man tried and lound wanting and one who hag 
done Ills uoik well. 

Mr. Mullane— t wish to correct the gentleman 
from Ward 9, Re says I quoted my remarks from 
Alderman Guild. He bases liis idea upon what he 
saw today. He happened to tee uie talking with 
Alderman Guild down stairs, and that is all he 
knows about it. 

Mr. McGaragle—1 only ri.se to correct the gen- 
tleman. I belong io Ward 8. I stood here and 
made a statement and I ara ready to prove it. I 
would like to ask what paper the gentleman Irom 
Ward 18 read the extract Irom? 

The President— The gentleman has not announc- 
ed it, and is under no obligation to do so. 

I'.ir. Colby — I am pertectly willing to announce 
the name of the paper. It was the Express. I 
have also a piece from the Globe, in which it 
says — 

'•We thank tlie Council for the good work it has 
done in regard to the Common and the public 
grounds, and say to them, Go on in the way of 
well-doing, and rest assured the people will back 
you up in all work of reform." 

Mr. McGaragle— I would ask the gentleman 
-whether the Globe was under the same manage- 
ment a year ago as at the present time ? 

Mr. Colby— I cut this from the Globe of the 18th 
of March, 1878. 

Mr. Stearns of Ward 24— A case like this ought 
not to have much discussion. It seems to me lae 
present iccumlient has, with rare ability, attend- 
ed to his duties faithfully. No party fluds any 
fault against him, and I trust the Council will not 
make the grave mistake of rejecting him. We 
owe it to ourselves and the citizens to reelect him, 
and if we do not do so we shall suffer, in my opin- 
ion. 

A ballot was ordered and the Chair appointed 
Messrs. McGaragle of Ward 8, Barry of Ward 22 
and McGahey of Ward 7 a committee to sort and 
count votes." 

On motion of Mr. Taylor of Ward 16, it was 
ordered that a recess be taken while the commit- 
tee were counting the ballots at each election held 
this evening. 

The committee reported as follows: 

Whole number of votes 68 

Necessary toa choice 35 

William Doogue had 44 

.John Galvin 23 

William H. Spooner 1 

And Mr. Doogue was elected in non-concurrence. 
Sent up. 

Superintendent of Sewers. A certificate came 
down of the election of William H. Bradley as Su- 
perintendent of Sewers. On motion ot Mr. Nason 
of Ward 17 a ballot was orderea : 

Committee— Messrs. Lauten ot Ward 14, Brown 
of Ward 23, and Devlin ot Ward 13. 

Whole number of votes 71 

Necessary to a choice 36 

William H. Bradley had 32 

Samuel L. Minot 39 

And Mr. Minot was elected in non-concurrence. 
Sent up. 

City Solicitor. A certificate catneEdown of the 
election of John P. Healy as City Solicitor. 

Mr. Wheeler of Ward 10— I move that we pro- 



ceed to ballot, and belore the motion is put, as 
the honor was aone me of placing me on the com- 
mittee for nominating the City Solicitor, I ask a 
single moment of the time of the Council upon 
this matter. 1 desire to consider it impartially 
and without prejudice, and 1 think I may assume 
that the members ot the Council, all of them, will 
be disposed to do so. Party considera- 
tions have from time to time crept upon 
us here, but wo seem in one instance 
tonight to have excluded them. And as 
thi.s IS a very simple question, being who 
will serve the city best, L hope that anything in 
the way ot party considerations will be excluded. 
We have before us for our choice, sir, two gen- 
tlemen of the same political per-uasion, I think, 
and the simple question is, which of the two will 
serve the city best. As a member of the commit- 
tee I feel it my duty to recommend that the pres- 
ent iucuinbrnt .'•liould be reelected. He has 
for a term of years served most faith- 
fully; he is an excellent lawyer; he has 
been peculiarly successful in his verdicts, 
his opinions are almost invariably correct; he is a 
man ot mature judgment; he knows well the 
duties of the office ; he is thoroughly informed in 
municipal law, which is really a branch in itself. 
And tor these reasons I think. the best interest of 
the city will Ge promoted by his reelection, a 
petition is on lile, and in this connection I beg to 
read a few of the names recommending the reelec- 
tion of the presentincumbent. Among them I hud 
E. W. Sohier, E. R. Hoar, G A. Somerby, George 
O. Shattuck, Robert D. Smith, T. H. Sweetser, 
Edward Avery, and other gentlemen on whose 
judgment we can well rely. We have further- 
more, Mr. President, the opinion ot the Board of 
Aldermen as expressed on Mocday last. We can 
also lely upon the judgment expressed there. 
Besides, "those ot us who have had occasion to 
confer with the present incumbent on city mat- 
ters in limts past know full well how approach- 
able he is, and now ready on all subjects 
and at all times to give prompt alvice. He 
is still in the vigor of life, and has 
reached that piriod when he may be said to be in 
the prime of a mature judgment. 1 ti ust that the 
members of this Council will show they concur 
with the action of the other branch in this elec- 
tion. 

Mr. Lauten of Ward 14— He says the gentleman 
is still io the prime of life. I would like to ask 
how old the gentleman is. 

iMr. Wheeler of Ward 10— He is not yet seventy. 

Mr. Locke of Ward 14— It will be noticed by the 
gentlemen who have listened to the remarks of 
my friend who was upon ihe committee with me 
to nominate a City Solicitor that he has not 
spoken disparagingly of the gentleman reported 
by the majority of the committee. Neither shall 
1 speak 01 the present incumbent disparagingly. 
We know that he has served the city 
faithfully. We are also aware that bodi- 
ly infirmity has obliged him to call 
upon the city for assistance in defending suits at 
a large expense. Now, sir, the majority of the 
committee have proposed tor this office a gentle- 
man who, I undefstmd on all sides, is eminently 
fit for this position. So far as I can form any 
judgment in regard to him, I believe he is certain- 
ly as well qualified to enter upon the discharge of 
the duties to which he may be elected as was the 
present incumbent when ne was first elected to 
take charge ot them. I trust that the majority 
report of (he committee will pievail. 

The Council voted to proceed to a ballot, but 
iWr. Swift of Ward 9 having risen before the 
question was put, and not being recognized by 
the President, and desiring to speak, at the sug- 
gestion of the President, on motion of Mi. Mc- 
Garagle, the Council reconsidered the vote to pro- 
ceed to a ballot. 

Mr. Swift of Ward 9—1 thank the Council for 
their courtesy. I only wish to say that I had in- 
tended to vote for Mr. Healy for City Solicitor, and 
should take very great pleasure in doing so, be- 
cause I believe and 1 know he has performed his 
duties with great ability, faithfulness and impar- 
tiality through a great 'many years, and through 
many differeiit administrations of both parties. 
A petition that he should be retained in office 
has been • signed by the most prominent 
and distinguished members of the Suf- 
folk bar of both political parties. I say 
I expected to cast my vote for Mr. Healy, but this 
afternoon I received a note from Mr. Brintnall of 
Ward 3 stating that he was still ill and should 
feel obliged to come to the Council unless some 



FEBRU AK Y 13 



1879 



96 



Hoember -who proposed to vote for Mr, Healy 
should pair witli him. I therefore shall be obliged 
to ask to be excused from voting. 

Mr. Swift was excused. 

Mr. McGaragle — I certainly don't like to rise 
here and occupy the time of the Council, but I 
cannot fors,'et that this was an economical G-ov- 
erument twenty years ago, and that it was said 
we were elected in the interest of economy and 
reform, and also that the party to which I belong 
cannot afford to shoulder anybody but a reformer. 
The party in power last year saw tit to pass the 
following ordioance, and which they were com- 
pelled to pass in relation to this department. Mr. 
Thompson of Ward 9— prooably all of you have 
heard of bim, if you don't know him— submitted a 
report from the Committee on Ordinances, rec- 
ommending the passage of the following: 

"An Ordinance 
In addition to the ordinance relating to the Law 

Department. 
Be it ordained, etc. 

Section 1. No compensation shall be paid from 
the City Treasury to any person not a member of 
the Law Department for legal services rendered 
to the city, or to any department, agent or repre- 
sentative of the city, unless such person shall be 
employed to render such service by the Mayor, 
aeting by and with the advice and consent of the 
Committee on Claims." 

And here is what Mr. Crocker said on this sub- 
ject: 

"I wish to call attention to the necessity for 
this ordinance. The astonishing fact has been 
recently developed here that a certain branch 
of the City Government could employ counsel in 
two or three suits, and the result has been that 
General Butler has brought in a bill for $25,000, 
after receiving a retainer of $5000, and the junior 
counsel, Linus M. Child, Esq., has brought in a 
bill of $12,000 for his services in the same suits. 
Enough is charged in those two or three suits to 
pay ror the running of our Law Department with 
all its various officials for three or four years." 

Now, it gentlemen familiar with the subject will 
bear this in mind, that, iu addition to the cost of 
the Law Department, we had to pay thirty-tive or 
forty thousand dollars for outside assistance in 
the settlement of the Sudbury River damages, I 
think 1 know just what their votes will be. 

Mr. Mowry of Ward 11— The gentleman oppo- 
site has seen tit to allude to the additional coun- 
sel employed in certain individual cases. I don't 
suppose that the gentleman opposite will assume 
for a moment that the City Solicitor was respon- 
sible for calling in the additional counsel in that 
case. That was done by the Water Board and 
they were responsible for it. It is well known 
that the City Solicitor had nothing to do with it 
whatever, in this connection I merely wish to 
read over the head notes of the petition referred 
to: 

"The undersigned members of the bar, practis- 
ing in Suffolk County, respectfully represent that 
they have had a long personal and professional 
acquaintance with j! P. Healy, Esq., the present 
City Solicitor, and believe that no lawyer can be 
found so competent by integrity, experience, abil- 
ity and professional learning combined to per- 
form the duties of Solicitor; and they further 
state that in their opinion the loss of his services 
. in that capacity would be exceedingly detrimen- 
tal to the best interests of the ;ity." 

Now, sir, I propose to abide by the opinions of 
those persons who have signed this petition and 
placed their names upon this petition. If they 
believe J. P. Healy is competent and preferable, 
by his experience and learning, to perform those 
duties, and can perform them to the great and 
best interests of the city, 1 say we are justified in 
following their conclusions and electing Mr. 
Healy as our City Solicitor. 

Mr. Christal of Ward 8— From the activity of 
my colleague, if I were not acquainted with him, 
I should think him well acquainted with Black- 
stone. But I am surprised that my friend on my 
right refers to the signers of the petition that Mr. 
Healy should be elected. Now, sir, it is well 
known that the judgment of those gentle- 
men is measured by dollars and cents ; 
and if one has five hundred dollars, he 
can get a good opinion from them upon any sub- 
ject. It has been remarked of this department 
that it has been extravagant for many years. It 
is said the present incumbent has out- 
grown the department and cannot sustain 
it. It is said that eminent lawyers can 
be found to perform those duties for much 



less money, and as this is a year of reform T can- 
not see why my friends should wish to press upon 
us a man who is not tit to perform the duties him- 
self and who rev^uires a large number of assistants 
at a large expense to do so. 

Mr. Wolcott of Ward 11— I would like to ask the 
gentleman who has taken his seat whether he 
wishes to imply that these names were appended 
to that petition for a money consideration ? 

Mr. Christal — No, sir. 

Mr. Wolcott — Then I wish to state that his im- 
putation upon the gentlemen who signed the peti- 
tion should have no weight with this Council. 

Mr. Christal— I wish to state that I intended to 
convey the idea that I thought their judgment 
was not to be relied upon, inasmuch as they were 
gentlemen whose judgment could be obtained 
for dollars and cents. 

Mr. Morgan of Ward 15— i do not rise to offer 
any imputation upon any candidate, because both 
are able eemlemen. There is no doubt that in 
times gone by Mr. Healy has tilled 1 hat office with 
great capability, and he has assuredly earned the 
money given him by this Government. But he 
has passed the prime of life. Old age is fast 
coming upon him, and the time will come, and it 
may come this year, when he will be incapable 
of serving the City Government any longer. 
It behooves us, therefore, to look about 
for a man with qualitications for the position and 
with as much experience as the gentleman who 
desires to be reelected. Mr. Blodgett does not 
seek the office. He does not send around to get 
names to a petition. Like many personages with 
whom some of us are acquainted, he believes that 
the office should seek the man, and not the man 
seek the office. He does not seek the office; but 
probably the committee have reported his name 
without his knowledge or consent; and if he is 
elected tonight, I am satisfied that none of the 
city's interests will be in danger. 

Mr. Locke of Ward 14—1 merely desire to call 
the attention of the Council to the names upon 
the petition which several gentleman have seen 
tit to refer to. Quite a large percentage of the 
names appended to that petition, although they 
are practitioners on the Suffolk Bar, are non-resi- 
dents of the city of Boston, and therefore it 
seems to me their names upon any document in 
any case where the Interests of the city of Boston 
are concerned should be of no avail. 

Mr. Mowry— I would like to ask the gentlemen 
from Wards 14 and 15 it they tiiink these gentle- 
men signed this petition believing or know- 
ing that Mr. Healy was incapable by physical in- 
capacity for performing the duties. 

Mr. Morgan— I will do the gentleman the jus- 
tice— 

The President— Wait a moment. The gentleman 
from Ward 11 propounds an inquiry which can be 
answered by the gentleman from Ward 15. 

Mr. Morgan— I will say that I believe the gen- 
tlemen signed the petition sincerely, because 
none of us can foretell how long Mr. Healy will 
last in his office. But there is no disputing the 
fact that there has been no petition in circula- 
tion for Mr. Blodgett, and if it was desired he 
could perhaps get as large a number of signatures 
as those upon the petition for Mr. Healy. 

Mr. Wheeler -In relation to the matter of seek- 
ing the office, I am very sure that this petition for 
Mr. Healy was drawn and circulated without his 
knowledge. As to the other candidate, I was my- 
self interviewed by a person intimately associated 
with him some time before this nomination. 

A ballot was ordered. 

Committee— Messrs. Colby of Ward 18, Bowker 
of Ward 16, O'Dowd of Ward 6. 

Whole number of votes 69 

Necessary to a choice 35 

.John P. Healy had 30 

Caleb Blodgett 39 

And Mr. Bloagett was elected in non-concur- 
rence. Sent up. 

On motion of Mr. McGarasle, the Council took 
up the special assignment for eight o'clock, viz.: 
Sundry elections laid over from the last meeting. 
City Engineer. On motion of Mr. McGaragle, 
the Council proceeded to ballot for a City Engi- 
neer. 

Committee- Messrs. Sibley of Ward 5, Green- 
ough of Ward 9, B\irlong ot Ward 13. 

Whole number of votes 64 

Necessary for achoice 33 

.I.P.Davis 59 

Blank 1 

Patrick Shevlin 2 

H.W.Wightman 1 



97 



COMMON COUNCIL, 



Mr. Davis was elected in concurrence. 

City Surveyor. Mr. Barry of Ward 22—1 move 
that nomination be laid upon the table. My rea- 
son is in no party spirit or sense, but I have 
heard a great deal said this evening in the inter- 
e.'st of economy, retrenchment and reform. I 
believe iu it thoroughly. I believe the office 
of City Surveyor oughr, to be merged in 
that of City Engineer. It was so until 1870, when 
in that era of extravagance it was made a sepa- 
rate department. Now I know it is a severe blow 
to a man to lake from him the rank and emolu- 
ments of offiee. In ihe summer time tbe duties 
of this office are mainly performed. In the win- 
ter there is very little ^io do except' to keep the 
draughtsmen employed in perfecting the various 
plans. Later in the evening I intena to offer an 
order for the Committee on Salaries to consider 
the expediency of putting the City Surveyor's de- 
partment under the City Engineer. If we can do 
so and abolish one or two clerkships. 1 think it 
will be a step in the interest ot economy and re- 
tor in. 

The election was laid on the table. 

Ciiij Messenger. A. ballot was ordered for City 
Messenger, on motion of Mr. McGaragle. 

Committee — Messrs. Sawyer of Ward 18, Sawyer 
of Ward 25, and Sawyer of Ward 24. 

Whole number of votes 67 

Necessary tor a choice 34 

Alvah H. Peters .64 

V. F. Shevlin 1 

Comit T. 0. Mahonej 1 

Mr. Pecers was elected in concurrence. 

Clerk of Commiitees, On motion of Mr. Lauten 
of Ward 14, a ballot was ordered. 

Committee— Messrs. Hancock of Ward 2, How- 
ard ot Ward 4, and Dudley of Ward 4. 

Whole number of voles 65 

Necessary for a choice 33 

Williara H. Lee 63 

P. F. Shevlin 1 

Blank 1 

Mr. Lee was elected in concurrence. 

^'ater Rtriisl'rar. This election was laid over 
on motion of Mr. Morgan or Ward 15, who had 
heard complaints against the management of 
the department 

eity Hegistrar. Mr. Paikman of Ward 9—1 
move that the nomination be laid upon the table 
at present, and 1 propose to offer later in the 
evening an order looking for the consolidation of 
that department with the Board ot Health in the 
interest of economy, retrenchment and reform. 

Mr. Bunten of Ward 8 — I hope that motion will 
not prevail. I think the departments of the 
Board of Health and City Registrar are entirely 
different and should not be consolidated. 

Mr. Barry of Ward 22 — I certainly hope that 
motion will prevail. I would like to run a race 
with my friend in the interest of economy, re- 
trenchment and reform. This matter was before 
the Council, Put the committee have reported 
back that it was inexpedient. Perhaps the gen- 
tleman may have some fresh aiguments to pre- 
sent. 

Mr. Brawley of Ward 19— The matter of consol- 
idating the Boaid of Health and City llegistrar's 
Department has been considered by the com- 
mittee. They have given a public hearing to the 
parties desiring the proposed change. The com- 
mittee were unanimous that it is inexpedient to 
make a change, and have submitted the nomina- 
tion of Mr. Apolloiiio to the Council. There is no 
objection to tbe gentleman, and he has filled his 
office faithfully for a number of years and given 
satisfaction to the citizens. There is no occasion 
for laying the election upon the table. 

The President — Tiie Chair would announce that 
in case Mr. Parkman should introduce the order 
referred to, he would rule it out of order, as the 
question has already been acted upon by the City 
Council. I suppose that in that case the gentle- 
man can withdraw the motion. 

Mr. Parkman— I would withdraw the motion. 

Mr. Brawley of Ward 19—1 think it was the 
Committee to Nominate a City Registrar. 

The President— The Chair is able to state that it 
was the Joint Standing Committee on the City 
Charter and Commissions, ot which Aldermen 
O'Brien and Stebbins are members on the part of 
the Board of Aldermen. 

The Council proceeded to ballot. Committee — 
Messrs. Parkman of Ward 9, Brawley of Ward 19, 
and Morgan of Ward 15. 

Whole number of votes 64 

Necessary for a choice 33 

N. A. Apollonio 59 



Christopher Woodside 3 

Abby W. May .. 1 

P.F. Shevbn 1 

Mr. Apollonio was elected in concurrence. 
Assessors of Taxes. The Council proceeded to 
an election of Assessors of Taxes, on motion of 
Mr. Nason ot Ward 17. 

Committee— Messrs. Shepard of Ward], Kid- 
ney of Ward 6, and Swift of Ward 9. 

Whole number of ballots 64 

Necessary for a choice 33 

Patrick O'Flaherty 1 

Michael Carney 1 

John Smith , , 1 

Francis James 1 

Charles Nowell 4 

A. R. Holden 5 

Thomas Hills .. : 54 

Benjamin Ciishing 58 

Joshua S. Duncklee 59 

Edward F. Robinson 61 

Benjamin F. Palmer 63 

And Messrs. Hills, Cushing, Palmer, Robinson 
and Duncklee were elected in concurrence. 

PUBLIC GROUNDS. 

Mr. Mullane presented the following (City Doc. 
No. 20) : 

To the Honorable the City Council of the City 
0/ iiosfon; Gentlemen— I have the honor to sub- 
mit herewith my report ou Common and Public 
Squares, beginning April 1, 1878 (date ot my en- 
trance into office), ana ending Jan. 31, 1879,' cov- 
ering a period of ten montij.s. My report includes 
the receipts and expenditui^s of all moneys from 
all sources, under the direction of the committees 
of 1878 and 1879. The appropriation to carry on 
the work of my office, allowed by the City Coun- 
cil, amounted to the sum of 845,000. The work 
has been perlormed inside of the appropriation al- 
lowed, notwithstanding the fact that an unlooked- 
i'or amount of extra work was undertaken, — and 
paid for out of the appropriation— on the south 
side ot Monument Hill, in removing and repla- 
cing earth, and regrading tiiat portion ot the hill, 
after removing a number of trees that had died 
from the effects of too great a quantity of manure 
and filling-in. Much extra and unlooked-for 
labor, etc., was called for in placing Orchard park 
and Fort Hill park in good condition and appear- 
ance. Care has been observed to submit each item 
of expenditure in as clear a manner as possible; 
and in order to present to your notice the quanti- 
ty of additional labor added to my department, 
I desire to state that the practice ot letting out by 
contract the care of Union, Worcester, Franklin, 
Blackstone and other squares was done away 
with by the committee ot 1878, and placed entirely 
in myhands. The attention of the committee is 
called to the item of stock and tools purchased 
during the year— very few beinar found on hand 
on my entrance into office. The stock now on 
hand will necessitate but a slight expenditure 
each year to repair and keep up a sufficient num- 
ber to perform the work throughout the depart- 
ment. 

To proj^erly understand the expenditure for la- 
bor on trees, I beg leave to submit a list of the 
number of public' trees under my charge, and 
their condition at the present time, viz. : 

Condition. 
Location. 



Dead. Damaged. Tot il. 

534 193 4,783 

L'il 4 3,193 

165 20 1,854 

281 24 3,694 

215 43 3,297 

689 30 2,981 

266 25 1,082 

110 10 1,370 



Good. 

City iiroper 4,05 6 

South Boston 3,038 

East Boston 1,669 

Roxbury 3,389 

Jamaica Plain 3,039 

Dorchester 2,262 

Charlestown 791 

Brighton 1,250 

Total 19,494 2,411 349 22,254 

This statement includes the number ot new 
trees planted during the season of 1878, amount- 
ing to 461. 

I beg leave to say here that, in my judgment, 
the care, pruning and planting of trees through- 
out the department should, for the next five years 
at least, be made a specialty, at an annual extra 
appropriation ot $5000 a year. Owing to the neglect 
which they havb suffered in past years, time, 
money and careful training will be required to 
place them in full foliage and tine growth. It will 
be noticed that fully one-half of the dead trees 
reported above are to be found on Common- 
wealth avenue, between sections 3 and 8, inclu- 
sive. And here let me state that, owing to the 
nature of the material used in the filling in of 
Commonwealth avenue, it is utterly impossible to 



FEBRUARY 13 



1879 



98 



grow trees in these sections witli any degree of 
success. 1 would theretore beg leave to call your 
artention to the vote ol the committee of 1878 on 
this subject, as contained in a report now on file 
with the Clerk of Committees. The report of ex- 
penditures on Common and squares is herein 
given, and summed up as follows, for ten months, 
ending Jan. 31,1879, and is fully itemized in the 
expense account which follows: 

Salary of superintendent, etc $3,423. 72 

Common...: 12,313.50 

" extra work on Monument Hill. ... 1,545.00 

Public Garden 14,05'J.13 

Fort Hill square 352.72 

" ' extrawork 738.31 

Orchard park 379.80 

" " extrawork 1,048.75 

Franklin square 285. 9G 

Blaokstone square 339.86 

Chester square 568.49 

Commonwealth avenue 377.04 

Union park 241.57 

Worcester square 100.65 

Wasliingron park 574.50 

Longwood parJa 1100 

Walnut park 51 .60 

Lewis park 16.40 

Bromley park 84.50 

Cedar square 16.50 

Linwood park 6.00 

Fountain square 51.00 

Public Library grounds 40.00 

Pemberton square 4.50 

Lowell square 43.92 

Lincoln square 437.50 

Telegraph Hill 391.60 

Independence square 412.38 

Maverick square 57.00 

Central square 151 .00 

Belmont square 280.12 

Putnam square 8.00 

Madison square , 382.98 

Jamaica Pond grounds 166.41 

Jamaica Plain, Soldiers' Monument 5.00 

Jackson square 16.75 

City Hall grounds 37.15 

City square 71.40 

Sullivan square 136.50 

Winthrop square 286.10 

Meeting House Hill 19.12 

Street trees, pruning, etc 1,171.45 

Stock on band 1,770.73 

Vouchers and accounts are on file at the office 
on the Common, and are open and ready for your 
inspection, examination and auditing, and will be 
found to cover all of the expenditures herein men- 
tioned. 

In conclusion, I wish to call your attention to 
the employment ot labor throughout the depart- 
ment. 

The average number of men employed each 
month is as follows, viz. : 
April, 1878 64 October, 1878. 



49 
59 
59 
21 



May, " 89 November, 

June, " 81 December, " . 

July, " 77 January, 1879. 

August, '• 68 — 

September, " 90i Total, ten months 657 

Total amount approiariated $45,000.00 

expended g4],505.70 

" " stock on hand 1,770.73 

" " cash to balance 1,723.57 

$45,000.00 

Expenditures on Common and public grounds 
for ten months ending January 31, 1879: 

Superintendent's salary, ten 
months at $2200 per annum gl ,833.00 

Horse and vehicle for Superin- 
tendent, tor ten mouths, at $500 
per annum 416.61 

Water rates, tir watering public 
grounds 385.00 

Repairs on lawn mowers and tools 287.24 

Food lor deer, ducks and birds 61.93 

Kefreshments famished commit- 
tee during ten months— 

H. D. Parker §69.10 

Hall & Whipple 32.00 



proposals in daily 
plants. 



Advertising 

papers. 
Printing proposals for 

tickets lor loam, etc 

Carriage hire lor committee 

Stationery, books and Dlanks 

Car fares lor employes on works 

throughout the deprrtment 

Freight, fuel and small Items 

Common — 

Laborers §8,302.30 

Teaming 1,323.89 

Gravel (binding) 680.40 

Red gravel . 450.00 

Carpentering, lences 

and walks 629.13 

Sods 741.70 

Grass seed 82.85 



101.10 

107.38 

50.80 
45.50 
23.28 

52.75 
59.13 



§3,423.72 



13,858.50 



14,059.13 



Lumber 87.92 

Repair on lences (iron 

work) 9.75 

Paving stone (one ton) 4.00 

Loam 1.50 

$12,313.50 

Extra work regradmg 
Monument Hill in 
May- 
Laborers 8440.50 468.50 

Grassseed 28,00 

468.50 

August, 1878, by spe- 
cial order ot Commit- 
tee for Labor, in re- 
s' moving and replacing 
earth and legrading 

south side, laborers— $820.50 

Teaming for same 241.00 

Grass seed 15.00 

1,076.50 

Public Garden- 
Laborers $8,811.26 

Plants 2,848.98 

Shrubs 436.45 

Trees 53.00 

Bulbs 192.95 

Seed 73.65 

Teaming 302.75 

Manure 313.05 

Loam 33139 

Sods 213.41 

Carpentering and re- 
pairs 107.78 

Plumbing and piping 

for watering 182.57 

Red gravel.... 134.40 

Repairs on fences 48 . 49 

Sand 9.00 

Fort Hiil square- 
Laborers $125.00 

Loam 43.08 

Teaming... 32.52 

Manure 15.75 • 

Trees 103.25 

Sods 33.12 

$352.72 

Regrading by special 
order- 
Laborers ... $413.50 

Filling 61.16 

Loam , 123.65 

Teaming 125.00 

Grassseed 15.00 

$738.31 

Orclia;'d park- 
Laborers $181.00 

Teaming. 32.25 

Repairing fence 39.05 

Loam 13.50 

Manure 14.t.i0 

Trees 100 00 

$379.80 

Kegrading by special order- 
Laborers $585.00 

Filling.... 37.80 

Teaming 235 15 

Sods 46.80 

Gravel 115.20 

Grassseed 28.80 

$1,048.75 

Franklin square- 
Laborers $202.00 

Trees 17.00 

Teaming 4.00 

Sods 48.38 

Red gravel 7.20 

Repairs on lence 7.38 

Blackstone square- 
Laborers $241.50 

Sods 40.00 

Plants 20.00 

Trees 22.00 

Lumber lor walks 10.16 

Repairs on cesspool. .. 4.20 

Teaming 2.00 

Chester square- 
Laborers $357.50 

Trees 100.10 

Plants 45.50 

Repairs on lence 41.14 

Teaming 14.35 

Commonwealth avenue — 

Laborers $324.50 

Repairs on fence 36.29 

Grassseed 15.00 

Teaming 1.25 

Union park- 
Laborers $149.50 

Plants 44.07 

Repairs on fence 41.65 

Trees ,... 3,60 

Teaming 2.75 



1,091.03 



1,428.55 



285.96 



339.86 



568.49 



377.04 



241,57 



99 



COMMON COUNCIL 



Worcester square- 
Laborers SS7.50 

Plants 23.50 

Kepairs on fence 5.90 

Teaming 3.76 

• 100.65 

Washington park- 
Laborers g507.75 

Teaming 16.75 

Rustic work 50.00 

— 574.50 

Longwood park — 
Laborers 11.50 

Walnut park- 
Laborers $30.00 

Sods 21.60 

51.60 

Lewis park- 
Laborers gll.50 

Kepairs on fence 4.90 

16.40 

Bromley park- 
Laborers $54.50 

Trees 30.00 

84.50 

Cedar square- 
Laborers 16.50 

Linwood park- 
Laborers 6.00 

Fountain square- 
Laborers 51.00 

Public Library — 

Laborers glO.OO 

Plants 30.00 

40.00 

Pemberton square — 
Laborers 4.50 

Lowell square — 

Laborers jS!26.00 

Plants 17,92 

43.92 

Lincoln square- 
Laborers $5.50 

Teaming 1.60 

Repairs on fence.. .. 430.50 

437.50 

Telegraph Hill- 
Laborers $370.00 

Sods 21.60 

391.60 

Independence square — 

Laborers $356.50 

Stone 51.00 

Teaming i.'SS 

$412.38 

Maverick square- 
Laborers $53.00 

Teaming 4.00 

$57.00 

Central square- 
Laborers $143.50 

Locks 5.00 

Loam 2.50 

151.00 

Belmont square- 
Laborers $182.00 

Kepairs on fence 92.37 

Locks 5.75 

280.12 

Putnam square- 
Laborers $3.00 

Trees 5.00 

8.00 

Madison square- 
Laborers $302.75 

Sods 61.63 

Plants 15 90 

^^^'^'"^ ?£^ 382.98 

Jamaica Pond- 
Laborers $65.50 

Sods 39.66 

Gravel 60.00 

^^^"^^^^ ^ 166.41 

Soldiers' Monument, Jamaica Plain- 
Laborers 5.00 

Jackson square- 
Laborers $«.00 

Fonntain 8.75 

City Hall- 
Laborers $22.25 

Sods 9.90 

"^'^^^ ^ 37.15 

City square- 
Laborers $52.00 

Plants 14.90 

Manure.... — 4.50 

71.40 

Sullivan square- 
Laborers S131.00 

Loam 3.00 

^^-'"''^S ?:^' 136.50 

Winthrop square- 
Laborers Sl^I-OO 

Plants 120.90 

Sods 18.90 

Teaming J§-fx 

Manure. 10^ 286.10 



Meeting House Hill- 
Laborers $16.50 

Teaming 2.62 

Street Trees- 
Laborers $1,129.25 

Teaming 42 20 



Stock on Band. 



19.12 



1,171.45 



156.25 
18.00 

4.32 



162.00 



14 lawnmowers $228.00 

Lawn fountains and sprinklers.. 22.35 

Shovels 34.84 

Spades 11.48 

Field roller 43.00 

Lawn rakes 10,00 

Lawn-mower sharpener 30.00 

Grindstone 11.00 

Saws 80.25 

Axes 5.97 

Miscellaneous tools 355.70 

100 settees, at $3 300.00 

Hose, 1515 feet 262.92 

Telephone, ofSce to City Hall 30.00 

Building office 150.00 

Painting office 90.00 

Furniture (stove, safe, fixtures).. 155.22 

$1,770.73 

$42,476.11 

bills Contracted in 1817, and Paid out of Appropriation 
of 1878. 

Martin Hayes, loam for Monu- 
ment Hill $460.75 

Metropolitan Railread Company, 
ma nure 

Parker & Gannett, 1 lawn-mower 

G. T. McLauthlin & Co., repairs 
on fence 

E. M. Wood, amount of claim for 
trees furnished In 1877, as per 
order of Committee on Claims, 

Dec. 24, 1878 

$801.32 

To*al amount expended $43,277.43 

Balance on hand 1,723.57 

$45,000.00 
Very respectfully, 

William Doogue, 

Superintendent. 
Sent up, 

VACANCIES ON COMMITTEE ON HEALTH. 

The President read a communication from Mr. 
John Taylor, from Ward 16, resigning his position 
as chairman upon the Joint Standing Committee 
on Health, on account of inability to attend co the 
duties. 

The President appointed Mr. O'Brien of Ward 13 
in place of Mr. Taylor, and announced that Mr. 
J. J. Doherty, senior member upon the commit- 
tee, would take the place of chairman. 

UNFINISHED BUSINESS. 

Order to caLcel the tax (.5*13.70) for 1875 on land 
folmerly of J. H. Billings's heirs, on south side of 
Mt. Veraon street, West Roxbury. 

An ordinance to amend an ordinance in relation 
to the survey and inspection of buildings. Passed. 
Sent up. 

Orders to authorize the City Engineer and City 
Surveyor to purchase supplies lor their depart- 
ments. Passed in concurrence. 

Mr. Mowry of Ward 11— I would like to ask 
from the proper committee some explanation of 
this order, as to why this tax should not be abat- 
ed: 

Mr. McGaragle— This land the city of Bos- 
ton took to build an engine house, and it was 
taken after the taxes were laid, but before they 
were due. The property belongs to the city, and 
this order is asked by the Committee on Public 
Buildings. 

The order was passed in concurrence. 

PET"'TION PRESENTED. 

Mr. Wolcott o. Ward 11 presented the petition 
of William T. Br Dam , lor the removal of certain 
wooden buildings. Be) enedto the Joint Stand- 
ing Committee on ir -t ivey and Inspection of 
Buildings. Accepted. ,>!;entup. 

LEGISLATIVE MATTERS. 

The President presented the third report of the 
Committee on Legislative Matters, with copies of 
bills introduced into the Legislature affecting the 
city of Boston. Placed on tile. Sent up. 

SUPERINTENDENT OF STREETS. 

Mr. Kellev of Ward 7 presented a report from 
the Committee on the Nomination of the Superin- 
tendent of Streets, the majority, consisting of 
Alderman Kelly, Councilmen Kelley, Rosnosky 
and O'Brien , recommending the election of George 



FEBliUABY XS 



1 O 7 9 



loo 



L. Thornclike, aud the miuority, consisting of 
Alderman Brack, recommending the reelection ot 
Charles Harris. 

On motion of Mr. Rosnosky, the report was laid 
upon the table until the next meeting. 

WOODEN BUILDIKGS. 

Mr. McGaraa;le of Ward 8 submitted reports 
from the Joint Standing Committee on Survey 
and Inspection of Huildings, recommending; the 
passage of orders aurhorizing the issue ot permits 
to erect wooden sheds by S. F. Ham on Mercan- 
tile ."treet, and the Mercantile Wharf Association 
on the same street, both orders being conditioned 
that the sheds s-hould conform in their construc- 
tion to the lequirements of tbe Inspector of 
Buildines. 

The orders were read twice and passed. Sent 
up. 

UNEXPENDED BALANCHS. 

Mr. Locke of Ward 14 offered the following: 

Tbe Commitree on Finance, to whom was re- 
ferred the order of the City Council that they 
should as-certain and report "whether there are 
any special appropriations or unexpended bal- 
ances of special appropriations which are not re- 
quired for the purposes for which they were set 
apart thnt can be transferred or used iii reducing 
taxation or for the reduction of the public debt," 
make partial report at this time, and advise, after 
due examination of the subject committed to 
them and conference through the Auditor of Ac- 
counts, with tbe several departments having 
charge of the several special approijriations, tbe 
passage of the accompanying orders, and ask 
leave to make further report hereafter. 
For the Committee, 

John H. Locke, Chairman. 

Ordered, That the lollowing-Damed appropria- 
tions ot moneys, which were" raised by taxation, 
be used toward meeting the amount to be raised 
by taxation for the an' ual appropriations for the 
financial year 1879-80, viz: 
New lunatic hospital, one hundred thousand 

dollars gllOO.OOO 

Home for the Poor, Deer Island, sixty-five 

thousand dollars 65,000 

Engine house, Fulton street, twenty thousand 

dollars 20,000 

ji(185,000 
Ordered, That the Treasurer be and he hereby 
is directed to pay to the Board of Commissioners 
on tbe Sinking Funds lor the Payment or Re- 
demption of the City Debt the following-named 
sums, which were borrowed to be used by said 
Commissioners in cancelling debt held by them, 
viz.:. 

Burnt District, two hundred and twenty- 
live thousand dollars ^225,000.00 

Mystic Sewer, seventy-five thousand dol- 
lars 75,000.00 

Swett street, twelve thou.sand eight hun- 
dred and one dollars antl 85-100 12,801.85 

»312,801.85 
Mr. McGaragle— I would like to know whether, 
if we pass this money to the Sinking Fund Com- 
missioners, they will raise the entire amount by 
taxation to pay the interest on the debt. 

Mr. Locke— 1 understand that this has been ap- 
plied to the reduction of the amount to be raised 
Ijy taxation. 

"The orders were read twice and passed. Sent 
■up. 

TOWN RECORDS OF DORCHESTER. 

Mr. Sweeney of Ward 2 submitted a report from 
the Committee on Printing, recommending the 
passage ot the order authorizing the Record Com- 
missioners to print the lown records of Uorches- 
ter, at an expense not exceeding iJilOOO. The re- 
port was accepted, and the order was ordered to a 
second reading. 

THE HARRIS INVESTIGATION. 

The President— The Chair is of the opinion that 
under the rule this order is unnecessary. The 36th 
rule provides thijt the report when presented 
may be printed aud may take its plrtCii in the or- 
uer for the next meeting. But thi^ comes up in 
a little different form. It is hardly necessary to 
have it charged to the approijriation for Printing. 

The order was passed to a second reading and 
put upon its passage. 

Mr. McGaiagle of Wai a 8—1 do not rise to olj- 
ject to that order. I think it would be well for 
committees hereafter to get authority to employ 
spDjebody to take down the evidence and then go 



on and print it. But after the work is done, for 
them to come in heie and ask authority to print 
and oay for in, looks to me as if they had gone be- 
yond tlieir authority, to put it very mildly. 

Mr. Colby— I would like to ask if that order con- 
template-j the reporting and printing of all the 
testimony taken by thecommitiee verbatim? 

Mr. Rosnosky— This order is for the report of 
the committee to be in print. 

Mr. Colby — Whether it includes the testimony 
taken before the committee. 

Mr. Rosnosky- The evidence is in print. The 
committee wore ordered to have a hearing by the 
City Council and tbe evidence is already in print 
and this order is to print the report oi the com- 
mittee. 

The order was read twice and passed. Sent up. 

TUNNEL TO EAST BOSTON. 

Mr. Rosnosky offered the following: 

Ordered, That the committee having under 
consideration the subject of a tunnel to East 
Boston, together with the City Messenger and the 
reporters of the proceedings of the City Council, 
be authorized to visit Loudon and any other Eu- 
ropean cities which are interested in the support 
of tunnels, to ascertain tlie feasibility and ex- 
pense of the one proposed as a connection of the 
city proper with East Boston; the expense at- 
tending the same, not exceeding the sum of 
$25,000, to be charged to tLe appropriation known 
as the Contingent Fund of the Common Council. 

Mr. Morgan of Ward 15 moved that the order be 
laid U|)on tbe table. 

Mr. Rosnosky — I would rise to a point of order. 
The gentleman from Ward 15 is not in his seat. 

Tbe Piesident— The point is well taken. 

Mr. Morgan resumed ins seat ami addressed the 
Chair, renewing the motion, but was not recog- 
nized by the President. 

Mr. McGaragle of Ward 8—1 hope ihat order 
will not be laid upon tbe i;able. lam in hopes 
fthat some member of that commitiee vvili resign 
and give me his place. There may be a little fun 
about this, and I think the expense is too much. 
I don't think we can spend .|;2o,000 in this econom- 
ic j ear. If the committee will accept $5000, and 
it Some member of the committee will resign and 
let me take his place, I shall be very happy to do 
.so. 

Mr. Rosnosky accented the amendment to make 
the amount $5000. 

The President called attention to the fact that 
the balance remaining in tbe Contingent Fund of 
thK Common Council is $759. 

Mr. Morgan— I move to lay this order upon the 
table. It may be very nice to go to London and 
Paris and become familiar «lt,, ihe policy 
of the Old World. But I think we can hardly 
spare the presence ot the committee from this 
chamber. The cost is very large, but if the com- 
mittee desire to go to London and pay their own 
expenses, I will very cheerfully vote for the or- 
der, 

Mr. Wolcottof Ward 11- -I raise a point of order, 
if this order is not frivolous, and should not be 
entertained. 

The President— The City Council has the matter 
of a tunnel to East Boston under consideration, 
and it is supposable that is the reason for offer- 
ing the order. 

Mr. Rosnosky— The gentleman from Ward 11 

rises up here and suggests that it is frivolous to 

bring in an order to go to London to investigate 

the tunnel. I am not f uvolous in it. The com- 

j.mittee has been appointed. They sent the City 

Engineer to London last ye^r at an expense of 

; $5000. Now, if there is a roinmittee or Ave to go 

■ it ought to he five times as large, or $25,000, and 

I hope it will pass. 

The President— The Chair would remind the 
Council that this order involves an expenditure 
of money, and can only be ordered to a second 
reading toniaht. 

Mr. lawyer ot Ward 18—1 move the indefinite 
postponement of the order. 

Mr. Lauten of Ward 14—1 think that will be the 
wisest, course. I understand that some gentle- 
men are going to build a balloon to take the peo- 
ple of East Boston over in it. 

Mr. Cnristal ot Ward 8 was in favor ot the in- 
definiie postponement, but the reporter could not 
hear what lie said. 

Mr. Brawley of Ward 19—1 rise to a point of or- 
der tbar tlie motion to lay nijon the cable takes 
precedence or a motion to indefinitely postpone. 
1 refer to page 39, the sixtieth rule of the Council. 

The President— The Chair is not aware of there 
being any such motion made. 



101 



COMMON COUNCIL 



Mr. Bvawley— I understood the member from 
Ward 15 to move to lay upon the table. 

The President— The point was raised by one 
gentleman that the geotlemau from Ward 15 was 
not ID his seat, and the Cnair ruled that such was 
the fact. Before the gentleman could reoew his 
motion another motion was made. 

Mr. Morgan — Immediately after resuming my 
seat I made the motion, but it was not put by the 
President. That motion was to lay upon the 
table, and it was made prior to the motion made 
by tbe gentleman from Ward 22. 

The President— Tbe Chair didn't catch the mo- 
tion made by the gentleman. 

Mr. Cavanag'h of Ward 15— [ bope the order 
will be laid upon tbe table for the reason that the 
tunnel to London is not the kind of a sweat-box 
that we want to go to East Boston in. The tunnel 
in London is for foot passengers, but I under- 
stand the one we want to go to East Boston is for 
heavy teaming. 

The President— Does the Chair understand that 
the motion ti. lay upon the table is made by Mr. 
Cavanagh? 

Mr. Brawley of Ward 19—1 rise to a point of 
order. I would like to inquire if the Chair gave a 
decision upon the point of order raised that the 
gentleman from Ward 15 was out of his seat? 

The President— The Chair thinks he did. 

Mr. Brawley— I didn't hear any decision from 
the Chair at ihat time. 

The President — The Chair has already made a 
decision, and explanation is unnecessary. 

The motion to lay upon the table was lost, by a 
division— 5 for, 55 against. 

On motion of Mr. Sawyer of Ward 18, the order 
was indefinitelj' postponed. 

PROPOSED COIS'SOLIDATION OF THE CITY ENGI- 
UEER'S AND CITY SUBVBYOB'S DEPARTMENTS. 

Mr. Barry of Ward 22 offered an order— That the 
Committee on Salaries consider and report on 
the expediency of consolidating the office of City 
Engineer and City Surveyor. Read twice and 
passed. Sent up. 

HOLIDAY FOR CITY EMPLOY'ES. 

Mr. Muilane of Ward 12 offered an order that 
the employ6s of the city departments be allowed a 
half holiday on Washington's Birthday, Saturday, 
Feb. 22. 

Mr. Christal of Ward 8—1 wish to amend by 
making it a v.'hole holiday. 

Mr. McGaragle— I would suggest that under 
that order they might take a whole day if they 
choose, because it would be at their own expense. 

Mr. Muilane— I will amend the order by putting 
in the words "without loss of pay." 

No objection being made, the order was so 
amended. 

Mr. McGaragle — There is still another obstacle. 
We have Police and Fire departments, and I 
tbink the services of neither one of them can be 
dispensed with. It would be well to provide for 
them. 

The question was upon the amendment of Mr. 
Cbristal to strike out the word "half." 

Mr. Colby of Ward 18— What has been the cus- 
tom in times past in reference to this? 

The President— The Chair is of opinion that the 
precedent was set last year. He will turn to the 
record. 

The President (after examining the records)— 
The Chair finds that the only order passed last 
year on this subject is one to" ring the bells and 
display the flags on Washington'^ Birthday. 
There is no order in regard to giving city em- 
ployes a holiday on that day. 

Mr. McGaragle— There was no such order passed 
last year, or any other year since I have been a 
member of this government. Washington's Birth- 
day is a legal holiday, and the order is n't re- 
quired. They attempted to make a legal holiday 
of Decoration Day, and excepted the employes of 
the Fire and Police departments. While I am 
willing to give all the laborers in the city employ 
a chance, still this is a legal holiday, and this or- 
der ought not to pass. 

Mr. Muilane— It in order I would amend the 
order by inserting the word "laborers." 

Mr. McGaragle— I pray the judgment of the 
Chair. Don't all these men labor for their pay? 
And if, it being a legal holiday, it is n't unneces' 
sary to pass the order. 

The President— The Chair is unable to see the 
difference between employes and laborers. 

Mr. Brawley— -I suppose the desire of the gentle- 
man who offered the order— and not perhaps hav- 



ing anybody to draw it up for him, as] is theTcus- 
tom of a great many people here! who intro- 
duce orders of that character, a tact 
that is n't so well known as it might be— in 
tended to have the laborers have a holiday with- 
out loss of pay, according to tlie custom of other 
parties in City Hall. They have large salaries 
and have a half-holiday without loss of pay. I 
presume it is the desire of the gentleman to give 
the laborers the same privilege. Tbe cost would 
not be so great to give the laborers a holiday as.it 
will those in City Hall. * ■) 

Mr. Wolcott of Ward 11— If it be in order, I 
move to siiecially assign to the next meeting, at 
half-past eight o'clock. That will give time to 
consider and offer an amendment. If the order 
is unnecessary, it can then be withdrawn. 

The President— Tbe Chair would call attention 
to the fact that the order will have to go to the 
Boird of Aldermen, and that the 22 I ot February 
is two days after our next meeting. That fact 
may alter the form of the motion of the gentle- 
man trom Ward 11. 

Mr. Kosnosky— I hope this motion will not pre- 
vail. It has got to be passed by the Board ot Al- 
dermen, and if anything is passed I think it ought 
to be done this evening. 

Mr. Wolcott— I have no desire to kill the order, 
and will withdraw that motion. I hope, however, 
that some disposition of it will be made to allow 
it to be iu a more correct form, and in order that 
the Council may consider it. If the motion could 
be allowed to originate in the Board of Alder- 
men at the next Monday's meeting, and come to 
us on Thursday evening — 

The President — Toe Chair will make a sugges- 
tion that if it be referred to a joint committee it 
can be reported to the Board of Aldermen on 
Monday next. 

Mr. Brawley of Ward 19— It the order should 
pass, which, perhaps, is doubtful, there are some 
departments it would not affect. As I under- 
stand, this Council has no right to order the 
Fire Commissioners to give' the firemen a 
holiday, and the Police Department is en- 
tirely out ol our hands. So far as the 
firemen and police are concerned, the order 
does nothing for them whatever, and I do not see 
any necessity tor making a motion. 

T'he President— The Chair is of the opinion that 
in the form in which the order is drawn all em- 
ployes of the citv of Boston will be allowed a 
holiday on Washington's Birthday without the 
loss of pay. It can only be construed, however, 
to refer to those departments over which the 
City Council have control, and therefore it ap- 
pears to the Chair that the point raised by Mr. 
Brawley is entirely correct. 

Mr. Cavanagh of Ward 15—1 move as an 
amendment that all laborers employed in the de- 
partments of Health, Streets and Sewers have a 
whole holiday on the 22d day of February. 

Mr. Wolcott of Ward 11— It appears to me wa 
may be in danger ot doing this thing hurriedly 
and incorrectly, and not accomplishing what we 
intend to. I move that the matter be referred to 
the Committee on Paving. I am not particular 
about the committee, but if it could be referred 
to the proper committee and come in a proper 
form, I think it would be better. 

The President— The Chair is in doubt about the 
possibility of referring a matter which originates 
here to a joint standing committee of the other 
branch. 

Mr. Civanagh, at the request ot the Chair, re- 
duced his motion to writing and offered the fol- 
lowing: 

Ordered, That the laborers in the employ of the 
departments of Streets, Health and Sewers have 
a whole holiday .on the 22d of February, without 
loss of pay. 

Mr. Wolcott of Ward 11— Notwithstanding the 
Chair has ruled that motion out of order, I would 
now move that a committee of three be apnointed 
by the Chair, with such as the Board of Aldermen 
may join, to consider this subject. I move its 
reference to that committee. 

Mr. Morgan of Ward 15—1 hope that motion will 
not prevail, because it seems to me this order is 
intended to benefit those who will derive no bene- 
fit from it from the fact that the Board of Alder- 
men may not act with the Council until after it is 
too late. I move to amend the order so as to in- 
clude the departments of Common and Streets. 

The President— The Chair is of the opinion that 
the amendment can be entertained only by joint 
consent, the motion to refer taking precedence. 

Mr. Wolcott withdrew the motion to refer. 



E'EBRUARY 13, 1879 



10 



a 



The President— If there is no objection, the or- 
der will be amenaed by Inserting the words 
"Streets, Health and Sewers, and Surveyors and 
Engineers." 

Mr. Cavanagh— I think it is the usual custom 
among the people employed in the engineer's and 
surveyor's departments to have a holiday or a 
part of one on the 22d of February. I think no 
amendment will be necessary. Perhaps it might 
do to put in an amendment including the labor- 
ers employed in the Water Department. 

The President— The Chair understands it ap- 
plies to the Surveyor's and Engineer's depart- 
ments, and that the gentleman from Ward 15 
does not include the Common and squares. 

Mr. Mowry ot Ward 11 moved to lay the whole 
matter upon the table. 

Mr. Morgan— I did move an amendment that 
the laborers in the departments on Common and 
Streets be included. I did n't withdraw the 
amendment. 

Mr. Plimpton of Ward 21— It seems to me that 
this discussion is not likely to result in anything 
tonight except in a waste ot time. I think the 
passage of any such order will be injudicious and 
establish a bad precedent. Therefore I move the 
indefinite postponement of the subject. 

The President— That motion has already been 
rejected. 

Mr. Sawyer of Ward 24 moved the reference of 
the whole subject to the Committee on Ordi- 
nances. 

Mr. Rosnosky — I don't see what the gentleman 
wants to send it to the Committee on Orainances 
for. If the gentleman from Ward 24 wants to 
kill it we can refer it to the Committee on Ordi- 
nances, who can report in about four weeks. I 
understand we had some question about it a year 
ago, and it was passed, and therefore I call for 
the previous question. 

The President ruled the motion not in order. 

Mr. Mowry moved to adjourn. 

Declared lost. Mr. Mowry doubted the vote, 
and a division was had— 34 for, 31 against. 

Mr. Brawley called for a verification of the vote 
by yeas and uays. 

The yeas and nays were ordered, and the mo- 
tion to adjourn was lost— yeas 29, nays 40. 

Yeas — Messrs. Austin, Blakemore, Bowker, 
Brown, Clapp,Coe, Fisher, Greenough, Hart, Hil- 
ton, Howard, Lovering, Morrison, Mowry, Nason, 
Parkman, Perkins, Plimpton, Rust, H. N. Saw- 
yer, J. A, Sawyer, N. Sawyer, Sibley, Stearns, 
Sweetser, Swift, Taylor, Ward, Wyman— 29. 

Nays — Messrs. Anthony, Barry, Brawley, Bun- 
ten, Cannon, Cavanagh, Christal, Colby, Costello, 
Devine, Devlin, C. F. Doherty, J. J. boherty, J. 
Doherty, Dudley, Furlong, Hancock, Hayes, Hea- 
ly, Kelley, Kendricken, Kidney, Lauten, Locke, 
Maguire, McGahey, McGaragle, McLaughlin, Moi- 
gan, Mullaue, Murpuy, O'Brien, O'Dowd, Pray, 
Rosnosky, Shepara, Sweeney, Wheeler, Wolcott, 
Woolley— 4a. 

Absent or not voting — Messrs. Brintnall, Denny 
—2. 

The President read the substitute now before 
the Council — That all laborers employed in the 
departments of Health, Sewers tmd Common 
have a whole holiday on the Twenty-second of 
February next without loss of pay. 

Mr. Devlin of Ward 13— Mr. President, I heard 
the gentleman from Ward 15 mention the Water 
Department. It seems to me it would be very un- 
fair to discriminate against that department, and 
if in order 1 should like to move that the Water 
Department be included in that order. 

There being no objection made, the words 
'•'Water Department" were inserted, and the or^ 
der was passed to a second reading. 

Mr. Swift— I think it is certainly very proper 
for those laborers employed by the city, who can , 
to have a holiday on the 22d ot February: but it 
seems to me there is great danger ol our making 
some mistake if we take action on this order to- 
night. I understana it has been the prac- 
tice for laborers to have a holiday 
in former years, and as there has never 
been any precedent for passing an order of this 
kind, it seems to me it is entirely unnecessary, as 
it is a legal holiday by statute, and the depart- 
ments would arrange this matter among them- 
selves. I suppose it has been done in former 
years; and if so, it is foolish for us to take any 
action in the matter, because we are liable to 
leave out some department that should be put in, 
and put in some department that should be left 
out. For that reason I hope it will not pass. 

Mr. Morgan— I hope this order will pass. It is a 



fair one. I think it is a very poor policy for the 
city to endeavor to save at the spigot and waste 
at the bunghole. It is only giving the laborers 
what we give to the employes of other depart- 
ments. 

Mr. Sawyer of Ward 25— In Ward 25 we have a 
great many poor men seeking employ from the 
city. We do not give but very few employ there 
at any one time. Therefore they are working half- 
a dozen men for about two weeks each. Proba- 
bly there are a hundred men in the ward who 
would like to get this chance for a day's 
work. Now, these men who are at work and 
have this chance for employ, I think it is 
nothing but fair that they should work 
on that day, or else we should include all the 
poor men in the town and give them a day's 
pay. 

Mr. Brawley of Ward 9— Mr. President- 
Mr. Cavanagh of Ward 15 — When I got up to 
offer this order— 

The President— The gentleman from Ward 15 
is not in order. The gentleman from Ward 19 has 
the floor. 

Mr. Brawley — I think the gentleman from Ward 
12 is very fair. He was asking nothing beside 
what the city has given to others who draw pretty 
large salaries. Now, I think it my duty to suggest 
to the Committee on Ordinances that they make 
this an ordinance. I hope those who labor for 
simply wages, will stand on an equ.ality in this 
matter with those who draw large salaries. 

Mr. Christal— It seems to me from the demon- 
strations made in honor of that day— the bells to 
be rung and the flags di,=;played— that the poor 
labore.s should be allowed to have a holiday, and 
not be deprived of their pay. I think we should 
do justice to the laborers, and give them a holiday 
and their pay. We might desire to see a demon- 
stration lit the laboring men. 

Mr. Barry ot Ward 22— What is the question be- 
fore the house? 

The President— The order has been passed to a 
second reading. 

Mr. Barry— I sympathize with the laboring man, 
but I ' on't sympathize with him to an extent that 
the city of Boston should pay him tor services not 
rendered. On the other hand, I think the sala- 
ried officers of the city should lose their salaries 
on holidays. When I work tor a man and take 
a holiday,"! do so at my own expense. When pri- 
vate firms and corporations desire to give their 
employiis a holiday they do so. But we are voting 
away the money of the people. If gentlemen de- 
sire to give the laborers a holiday, I believe in 
giving it to all the employes. But I shoukl like to 
see all the men in City Hall as well as the laborers 
have a holiday at their own expense. 

Mr. Rosnosky — I should be in favor of the gen- 
tleman from Ward 22 bringing in such an order. 

Mr. Swift of Ward 9—1 would like to have some 
one explain why we should act differently this 
year from any former year. I want to know what 
the difference is between this year and former 
years. It seems there has been no order of this 
sort passed in former years. I wish some gentle- 
man would explain why we should take different 
action now. 

Mr. Christal moved the previous question. 

Mr. Devlin of Ward 13—1 hope the previous 
question will not prevail. When I had the floor, 
1 omitted to mention a very importauE depart- 
ment who are entitled to have a holiday as much 
as the others. I refer to the Bathing Depart- 
ment, the employes ol which are now busily en- 
gaged in preparing tor nest summer's work. If 
in order, 1 would like to offer au amendment that 
the Bathing Department be included. 

Several gentlemen rose to address the Chair, 
but were directed to take their seats by the Presi- 
dent, who said. The Chair understands that Mr. 
Christal withdrew the call for the previous ques- 
tion; otherwise no amendment can be enter- 
tained. 

Mr. Rust of Ward 10 moved to adjourn. De- 
clared lost. 

Mr. Rust doubted the vote. Tue Council divided 
— 23 for, 35 against. 

The question then came vioon the amendment 
proposed by Mr. Devlin to include the employes 
ot the Bathing Department. 

Mr. Maguire of Ward 19—1 don't wish to take 
up the time of the Council, but it is very evident 
we are all at sea upon this question. The gentle- 
men are anxious to do theemp'oycSsa little justice 
by giving them a holiday. But they seem to have 
forgotten some of the departments, and I offer the 
following as a substitute : 



103 



COMMON -OOrJNClJL. 



Oraered, Tbat all city employes, with the ex- 
ception of the police, firemen and East Boston 
* ernes, and those whose services are imperative- 
ly needed, be granted a holiday on the 22d of 
February without loss of pay. 

Mr. Maguire's substitute was adopted. 



orderfd*!'^'"" *** Mr. Devlin, the ttiain question was 

Mr. Maguire's substitute was adopted, and the 
order was passed as amended. Sent up 
Adjourned, on motion of Mr. Hayes of Ward 3 



104 



i30AJRL> OF AL.X)ER]VLEN, 



CITY OF BOSTON. 



Proceedings of the Board of Aldermen, 

FEBRUARY 17, 1879. 



Regular meeting at four o'clock P. M., Alder- 
man O'Brien, Cltairman, presiding-. 

PETITIONS BEFEERED. 

To trie Joint Committee on Claims. Notices 
of claims against tbe city, tor personal injuries, 
by Margaret Walden, g. J. Barteaux, Cbarles L. 
Gooney, James Dunlay's administrators, Henry 
Fleetwood, Jeremiali Haley, Michael J. Hurley, 
Miss M. Holmes, William Jones, Luke C. Lemon, 
J^mes McKenna, Henry B. Ruggles, George P. 
Sparrell, Isabella Taylor, Mary Tierney, Margaret 
Walker, Margaret McCormick, Caroline Moore, 
Charlotte McGonigle, Frank D. Woodbury, Mary 
J. Stickney and Hannah Tetlow. 

To the Committee on Lam,ps. Globe Gaslight 
Company to light the city, or a portion thereof, at 
less cost than is now paia. 

To the Committee on Health on, the part of the 
Moard. Petitions lor leave to occuny stables; 
Mary E. Barrlett, new wooden, two horses, 15 
Aki on street; Frank Ferdinand, old shed, three 
horses, 19 Warren street. 

To the Committee on Armories. Company A, 
First Regiment Infantry, for leave to remove 
their armory from Elson Hall to Dudley's Hall, 
Ward 23. 

To the Committee on Police. Timothy H. Pea- 
body, tor fuUfpav for services during illness in 
1877 and 1878. 

To the iipecial Committee to Nominate Inspecli- 
ors of Lighters. Roger Sullivan, for appointment 
as Inspector of Lighters. 

To the Committee on Common on the part of the 
Board. William Lloyd Garrison and others, 
against cutting down trees in Highland street. 

To the Committee on Licenses. Eli Fernald, for 
leave to run a coach from Highland park through 
Fort avenue. Highland and Dudley streets to 
Warren avenue; J. H. & E.J. Hathorne, tor leave 
to run a part of their coaches through new Wash- 
ington street. Hay market square and over Charles 
River Bridge. 

To the Joint Committee on Common and Pub- 
lie Grounds. Albert Palmer et al., for the en- 
largement of Orchard park. 

To the Committee on Paving. Mrs. H. H. 
Brewer, to be paid for grade damages to her 
estate on Lamartiue street; A. B. Yetter & Co., 
for leave to sprinkle certain streets in the Rox- 
bury District; Patrick O'Brien, for leave to place 
a tree box with sign thereon around a tree in 
front of ills premises at 206 Marginal street, East 
Boston; Richard Sullivan ei ai., that a sidewalk 
be laid on the Peacock estate at Charlestown, and 
that a crosswalk be laid on Brighton street; 
Richard Sullivan et at., that Cambridge street, 
Charlestown, near the line of Somerville, be 
paved; James Galligan, to move a wooden build- 
ing fromWinship street to Bennett street, Ward 25. 

UNFINISHED BUSINESS. 

Resolve and order to oppose the petition of 
Thomas J. Whiddeu and others before the Legis- 
lature, for the city to purchase the street-railway 
tracks laid down in the streets of this city. 
Passed. 

PAPERS mOM THE COMMON COUNCIL. 

Petitions were referred in concurrence. 

Third report of Committee on Legislative Mat- 
ters. (City Doc. 21.) Placed on file. 

Annual Report of Superintendent of Common, 
etc. (City Doc. 20.) Placed on tile. 

Report ajd order to allow F. E. Ham to erect a 
wooden building on Mercantile street. Order 
passed in concurrence. 

Report and order to allow the Mercantile Wharf 
Corporation to erect a wooden building on Mer- 
cantile street. Order passed in concurrence. 

Report and order to print the "land records" of 
the town of Dorchester at an expense not exceed- 
ing $1000. Passed in concurrence. 

Order for Committee on Salaries to consider 
the expediency of uniting the offices of City Sur- 
veyor and City Engineer. Passed in concurrence. 

Notice of appointment of Francis O'Brien upon 
the Joint Committee on Health in place of John 
Taylor, who declines service on said committee. 
Placed on file. 



Ordinance to amend the ordinance relating to 
the survey, etc., of buildings, so that in certain 
•ases the sills of buildings may be placed more 
than three feet above the grade of the street. 
Laid upon the table for one week, on motion of 
Alfferraao Hayden, who stated that he had been 
requested to make the motion. 

Report of Committee on Finance, with orders to 
devote $185,000 of unexpended balances to meet 
the amount to be raised by taxation in the next 
financial year; also to pay $312,800.85 into the 
Sinking Fund for the redemption of the city debt. 
Orders passed in concurrence. 

Order for the Committee on Nomination of Su- 
perintendent of Streets to report in print the 
evidence taken at the investigation. Passed in 
concurrence. 

/Superintendent of Sewers. A certificate came 
up of the election of Samuel L. Minot, in place of 
W. H. Bradley, chosen by this Board. A ballot 
was ordered. Committee— AldermenjViles, Steb- 
bins. 

Whole number of votes 12 

Necessarv for a choice 7 

Williani H. Bradley 9 

Samuel L. Minot 3 

Mr. Bradley was elected in non-concurrence. 
Sent down. 

Superintenaent of Common and Piiblie 
Sfrounds. A certificate came up of the election 
of William Doogue in place of John Galvin, chos- 
en by this Board. A ballot was ordered. 

Whole number of votes 12 

Necessary tor a choice 7 

William Doogue 6 

John Galvin 6 

There being no election a second ballot was ta- 
ken with the same result, 6 for William Doogue 
and 6 for John Galvin. 

A fourth ballot was taken with the same result, 
e and 6. 

Alderman Stebbins jocosely suggested the ap- 
pointment of a new committee, as it might afEect 
the result. A fifth ballot was ordered. Commit- 
tee—Aldermen Slade, Breck. The result was the 
same as before— 6 and 6. 

A sixth ballot was taken, resulting the same as 
feefore— 6 and 6. 

On motion of Alderman Slade, the election was 
laid on the table for one week for lurther consid- 
eration. 

City Solicitor. A certificate came up of the 
election of Caleb Blodgett, in place of John P. 
Healy, chosen by this Board. An election was 
ordered. Committee— Aldermen Tucker, Bell. 

Whole number of votes 12 

Necessary for a choice 7 

John P. Healy 7 

ealeb Blodgett 5 

Mr. Healy was elected in non-concurrence* 
Sent down. 

EXECUTIVE APPOINTMENT, 

Undertaker — William J. Dickson. Confirmed. 

COMMERCIAL STREET. 

The Board took np the special assignment, viz.; 

Order to rescind the conditions attached to the 
original loan of $500,000 to widen Commercial 
street; said conditions being that the street "be 
widened mainly on the water side, to a width not 
exceeding eighty feet," and if the estimates of 
the Street Comtnissloners exceed the sum of one- 
halt million, "no part of said sum shall be ex- 
pended until the abutters, corporations and per- 
sons interested in said widening shall agree to 
give satisfactory bonds" to pay the suiplus to 
cover the expense. 

The question was upon the passage of the order. 

Alderman Robinson — I said a week ago 1 would 
try and enlighten one of the membens of this 
Board upon this subject. I think the widening of 
Commercial street is not called for at the present 
time by the citizens and taxpayers of Boston, if 
the city of Boston is to pay for it. It is urged 
wholly in the interest of the Fitchburg Railroad 
and the abutters on that street. The abutters 
want to get rid of as much land as they can, be- 
cause they think they will get about" twice or 
three times as much as the lana is worth out of 
the city, and I don't blame them for getting all 
they can. But there have been some gentlemen 
here during the past week considering the termi- 
nal facilities of Boston. Mr. Dixon, President of 
the Delaware & Hudson Railroad, and Mr. Har- 
ris, General Manager ©f the Erie Railroad, have 
been here to see what the general facilities are 
for freight terminus, and both of these gentlemen 



FEBRUARY 17 



18 79. 



105 



gay that Constitution wharf will not answer ttie 
' purpose. These j^entlemen say that they can send 
through the tunnel here to Boston four hundred 
ears a day, if they only had room tor it. They can, 
at the lowest average, send two hundred cars a 
day. Now, the outside limit of the capacity of 
Oonstitution wharf is eighty cars per day, and I 
would like to know what is going to be done with 
the balance, if they average two hundred cars per 
day. It would require about thirty acres of 
standing room for the cars to unioad, and by 
widening Commercial street, it does not add to 
the capacity of Constitution wharf, but by widen- 
ing on the water side it makes it forty feet less in 
depth, The cars necessary to load one ship take 
up the whole wharf, and suppose you should have 
tour hundred cars per day, the railroad would not 
have room to take care ot them. There 
is not standiDg room on any one ot the 
tracks for more than twelve cars at a time, 
and when those are discharged they are 
obliged to move them to make room for 
more. How many cars do you suppose they 
would naturally accumulate berore you could get 
them all discharged and ready to go back to the 
far West? You must remember it takes eight 
miles of track, standing room, to accommodate 
one thousand cars, and it is estimated by compe- 
tent .iudges that it would require at least twenty 
acres of land to accommodate this number of 
cars and the business they will bring. Now, 
what is the capacity of Constitution wharf today? 
There is n't room enough there for more if you 
widen the street, and that will not do anybody 
a particle of good except the property owners 
and abutters. It you take forty feet from the 
wharf you will not have as much room as you 
have today. 

Alderman Flynn— It is impossible to hear any- 
thing the gentleman says. 

Alderman Robinson — I think we had better ad- 
journ until they get through out there, and I 
make that motion. 

Alderman Stebbins— If the Aldermau will give 
way one moment, I will present an order which I 
have prepared. 

Alderman Stebbins offered the following: 

Ordered, That the City Messenger be directed 
to provide a sufficient number of seats to fill the 
space outside the railing in the Aldermen's room, 
and that no person or persons be allowed upon 
the floor of the room, or in the anteroom, while 
the Board of Aldermen is in session, and after 
the seats provided for spectators have been occu- 
pied, except members of the City Government 
and reporters. 

Atderman Kelly — I don't thinkthe order is ex- 
actly understood by the Board, i certainly don't 
understand it. I could not hear it. 

Alderman Stebbins— The order provides that 
the space in the rear of the railing'shall be filled 
with seats, of which we have a sufficient number 
in the room adjoining, and when a sufficient num- 
ber can be comfortably seated, then the doors will 
be closed and no more persons admitted. Of 
course, the Alderman will see that it is impossible 
to transact business properly with so much noise. 
I presume the Alderman is troubled the same way 
that I am. My head is aching with this heat and 
bad odor. There certainly can be no hardship in 
this. 

On motioii of Alderman Stebbins the Board 
took a recess of five minutes, while the hall was 
cleared. 

The spectators outside the rail were removed 
from the hall, settees were placed in the space, 
and when all had been comfortably seated who 
could be, the business of the Board was resumed, 
and Alderman Robinson continued his remarks: 

Alderman Robinson— Some of the gentlemen 
stated that they had not heard a woid Ifsaid, so I 
will commence again. The joresident of the £)eia- 
ward & Hudson Mallroad, and the general mana- 
ger of the Erie Railroad, have been here during 
the past week to see what the terminal freight 
facilities of Boston are. Both these gentlemen 
say that Constitution whart will not answer the 
purpose. The Fitchburg Railroad is under a con- 
tract for four years to take the freight ot the Erie 
road, and the managers of this road say they 
could today send four hundred cars per day, if 
the Eitchburg road had the room to receive them. 
They say they can average two hundred cars per 
day through the year. Now, the greatest capacity 
of Constitution whart is eighty cars per day. 
That is all they discharged in any one day, and 
they have never done it but once. What is to be 
done with tlie balance of the two huiidred cars 



per day? And, mind you, these are in addition 
to what they have received, or what they have 
been receiving. The widening of Commercial 
street does not make the additional room on the 
wharf, but makes it forty feet less. There is not 
standing room on any one ot the tracks for more 
than twelve cars. It is estimated by competent 
judges that it would require about twenty acres 
to accommodate the number of cars that could 
be brought through the Hoosac Tunnel, and it 
is perfectly absurd to think for a moment of 
Constitution whart accommodating them. IE the 
Fitchburg road have n't got the room, they are 
not to blame for it; but I think we should 
be to blame for widening the street to give 
tuem less room than they have now. You must 
remember it takes about eight miles of stand- 
ing room or track to accommodate a thousand 
cars, and it is useless to talk about getting the 
necessary room on Constitution wharf when it 
has only about three acres, all told. Why and for 
whom is this to be done? Entirely in the inter- 
est ot the Fitchburg road, who "have not and 
never have proposed to pay one cent of the cost 
of this widening. The railroad want this street 
widened for what? So they can lay an extra 
track in the street. I do not see what relief it 
will be for them. They cannot get more than 
thirty cars on the wharf at one time. I presume 
that IS the object of taking off these restrictions 
now, and I don't propose to have it done if I can 
help it. In my opinion this is one of the most 
useless expenditures that has been before the 
City Government tor years. Constitution wharf 
will be used for railroad purposes for just what it 
is worth. It will be used tor what it can hold, 
and they have facilities now lor all that they can 
accommodate. Now, if you have got to do that, it 
would be better to build an elevated railway to 
South Boston and give it to the Fitchburg Rail- 
road, than to widen Comn ercial street. The esti- 
mated expense of such a road from Charlestown, 
over Atlantic avenue and to South Boston, is 
about $400,000. I think it would be better to do 
that, as it will cost §500,000 or more to widen Com- 
mercial street. But if you do that, you had bet- 
ter get the Fitchburg Railroad to pay for it. For, 
when you undertake to widen Commercial street 
we will have a cost on our hands that has not 
been estimated. The taxpayers object to it, as it 
is not a public convenience and solely in the in- 
terest ot the Fitchburg Railroad, and not in the 
interest ot tne city. It is very generous of the 
city to expend seven or eight nuncired thousand 
dollars in this. There is no occasion for us, as 
trustees of the city of Boston, to do such an act, 
and, for one, I shall not vote one dollar for this 
swindle, which is a mild enough form to put it, in 
my opinion. Property is not worth so much 
on Atlantic avenue since It was widened 
as it was before. It is not because 
Commercial street has not been widened, 
but on account of the depression of busi- 
ness in general. You go down to India wharf. 
In old times it was the starting-point tor the 
sugar and molasses trade, and cotton. Probably 
eight-tenths of the sweets of India were landed 
there. Now, nine-tenths of it goes to South Bos- 
ton. Commercial street is not crowded. I was 
down there the other day, and there were only 
just three loaded teams in sight. The rents at 
the junction ot Commercial street and Atlantic 
avenue are about six or seven hundred dollars, 
where they were §1400 four years ago. Now, you 
propose to widen Commercial street, and what 
are you going to do for India street? Rents have 
gone down tnere from $2400 to $1400. We cannot 
stop people from going where business requires 
them. If we widen the street it is not going to do 
any good whatever. I am not here to argue 
against any interest of the city of Boston. We 
need all the business we can get. If the Fitch- 
burg road would come and get a terminus some- 
where that would be ample for them, I would be 
glad to help them. The Boston & Albany road 
have thirty acres at East Boston, and they might 
obtain that. But they can get all the land they 
want at South Boston— which I understand the 
president of the road is opposing all the time. 
They can get plenty of land there. The Hartford 
& Erie have bought some fifty acres there. There 
is dockage there sufficient to load twenty ships at 
a time. I cannot see what relief it is going to be 
to widen Commercial street, when all the room 
they have is aoout three acres, sufficient to ac- 
commodate only eighty cars. If the oresident of 
the road or any one else will exjilain what advan- 
tage it will be to them to widen the street, I 



106 



BOARD OF AJLiDERIVLEN 



would have no objection. I will do all in my 
power to bring trade to Boston, but I don't want 
the city of Boston to spend seven or eight hun- 
dred thousand dollars to accommodate that 
road, and the taxpayers of Boston to pay 
the whole expense. The road don't in- 
tend to do anything. Now, the argument has 
been made that it is n't tair to the balance of the 
street that you have widened one-half, and it is n't 
fair to the other half not to widen it. If they 
have got a bad bargain it is not my fault. If you 
have widened the street it is poorer tor business. 
That has been the case in every street in Boston 
that has been widened. It is so in Atlantic ave- 
nue today. It will be so in Commercial street. 
When you take from one you detract from an- 
other. It has always been the case, and always 
will be. I hope we shall not lay out this enor- 
mous sum, when they can be accommodated as 
well at South Boston or at East Boston ; for Heav- 
en knows our taxes are large enough now. I 
have no scheme against the railroad, and I would 
be happy to accommodate them. But I think I 
should not be so liberal with the city's money as 
to vote to spend seven or eight hundred thousand 
dollars for what I believe to be useless. 1 hope 
the rest of the Board will be of the same opinion. 

Alderman Flynn— The argument of the gentle- 
man might be very good if this was a new appro- 
priation. But it is one that was passed by the 
City Council of 1877, and all that is asked for now 
is that so much of the order as contemplates wid- 
ening on the water side, under certain restrictions, 
may be rescinded in order that the Street Com- 
missioners may make an estimate of the expense 
of the widening on the other side, which they 
think can be done tor less than $500,000. If this 
order is passed so that they will not be compelled 
to widen on the water side, it can be done this 
year. It is merely to make an estimate of the ex- 
pense. That IS all that is asked for, and is not a 
new appropriation of money. 

Alderman Robinson— I don't feel under auy ob- 
ligations to pass an order to spend money when it 
has been foolishly appropriated. We have many 
places to put it. Because we have louna a dollar, 
I don't believe we are obliged to spend it. This 
has been before every Board for several years, 
and they have never been quite able to get it 
through. That is certainly an argument against 
it. Year before last it was passed with these re- 
strictions, and last year they tried to take them 
off but failed; and now they are moving to have 
them taken off again, and just as soon as it is 
done somebody will get up and move to take off 
everything, and so that the limit of cost will not 
be $500,000. That is just where it is. 

Alderman Slade— 1 think the Alderman is alittle 
hard on the Fitchburg road. 

Alderman Robinson — I don't mean to be. 

Alderman Slade— They don't own any of Union 
Freight Railway, not a loot of it, any more than 
the Boston & Maine or the Lowell do. It belongs 
to the Old Colony, and they pay about three dol- 
lars for each car hauled through the city over the 
tracks of the Union Freight road. I'hey are 
doing all the business they can. All the 
vessels are loaded at that wharf that can 
be loaded there. Now, I don't know but there 
are 400 cars a day to be brought over the Fitch- 
burg road. There may be, but if anybody will 
look over it they will tind it will take about ten 
times as many — 

Alderman Robinson— I have the authority of 
Mr. Dixon, the president of the Delaware & Hud- 
son, and Mr. Harris, the general manager of the 
Erie, tor the statement. This freight now goes to 
New York, and we want the facilities to get it 
here. 

Alderman Slade— That is just what we want to 
do. We want to make these terminal facilities so 
that they will come to Boston. I don't think Con- 
stitution wharf will accommodate that amount of 
freight. I don't know but that the whole of the 
North End wharves will be occupied. If induce- 
ments can be held out to vessels to come here 
they will come. I suppose the reason that so few 
vessels come here is because they get no business. 
If the city of Boston can hold out good facilities 
for receiving and landing freight, I, for one, 
want to do it if it takes the whole North End. 
But the Union Freight Railway has laid the track, 
and it has been there for years. When Atlantic 
avenue was built, the expectation was that it 
would go around there. It seems to be a piece of 
work that has been left ofC. The Board of Alder- 
men took that matter in hand two years ago ana 
voted the necessary appropriation under certain 



restrictions. I don't think they voted quite 
money enough, but if it can be done, I 
think it will be the best money that can be 
spent. It looks in the direction of business. It 
wont do to let our business go down. If we mean 
to live, let us keep business up so as to induce 
people to come here. It wont do to lie down and 
let the thing die. As the Alderman knows, the 
Fitchburg road cannot very well go to South Bos- 
ton. I don't want them to go there. We want the 
business more equitably divided. Here are the 
North End wharves with good facilities for busi- 
ness, and I hope this thing will take place, and 
all this freight come here and be laid down at the 
North End wharves, with vessels ready to lake it. 

Alderman Viles— I don't believe there is much 
use in saying anything on this question. There 
has been' very much said already. The Alderman 
has enlightened me in regard to the prospect of 
so much freight seeking" an outlet in Boston. I 
think the gentleman ought tc be willing to let it 
be done in order to secure that freight here. In 
regard to cutting off the wharf forty feet, it was 
never intended to be done. I think the cutting 
should be done on the land side entirely. It is a 
good deal better, and is the proper thing to be 
aone. The Alderman says property is going to be 
benefited there. I know it is so. It is a fact that 
this has been under contemplation for some years, 
and nobody will hire, repair or build under the 
state of things which has existed for two or 
three years. The buildings are dilapidated, and 
the owners cannot rent them. It is a tact that 
this ought to be done. It has been passed to be 
done, and the facts are well understood by the 
members of the Board. Business is crowded 
there, teams are blocked, it is impossible to de- 
liver the freight in cars; and if freight ever comes 
this way the ships and vessels will follow it. If 
this is passed, itwill be the best improvement Bos- 
ton has made in many years. I trust the restric- 
tions will be removed. 

Alderman Robinson— I should n't object to vot- 
ing this money, if there would be room enough 
when the street is widened. But you cannot get 
it. You cannot get what don't exist. There are 
only about three acres there. If the Fitchburg 
road wants to buy all the adjoining wharves tor 
those cars, I don't object. It is n't out of mean- 
ness in me. I have some little stock iu Boston as 
well as some others. I don't see what is going to 
be gained by it. The largest number of cars dis- 
charged there in one day is eighty. Now if they 
cannot handle two hundred cars, what is the use 
of making this widening? Now I sympathize 
with people who want to sell their property. I 
own some real estate, and if you are going to 
help people out of their trouble, I would like to 
have some help myself. You go down on Central 
wharf; some years ago you could not get an office 
there. Now it is filled with barber's shops and 
victualling saloons, and more drinking than there 
is eating. It is because business is depressed. 
If you haven't the facilities and cannot get them, 
what is the use of spending this live hundred 
thousand dollars for them? Under ^hose circum- 
stances I cannot vote for it. The Fitchburg road 
have a little interest at Constitution wharf, but 
they must have more facilities than they have or 
can get in that part of Boston. 

Alderman Viles— The Alderman must bear in 
mind that there is more than one wharf. 

Alderman Robinson— Buy them, buy them. I 
have no objection. 

Alderman Viles— Battery wharf is ready to be 
utilized as soon as this street is widened. 

Alderman Robinson— Why don't they buy it? 
Why don't they do it?" 

Alderman Viles— I don't give way. I believe I 
have the floor. 

Alderman Robinson— I sat down for you. 

Alderman Viles— Battery wharf is ready to be 
utilized as soon as this improvement is completed, 
and there is room enough there for all the freight 
that can come. 

Alderman Robinson— I suppose we have no par- 
ticular obligations or promises from the Fitch- 
burg read as to what they are going to do. I want 
them to do something first. If they will give us a 
bond that they will get sufficient railroad facili- 
ties to discharge cargoes, I would agree to vote 
for the apnropriation. I don't see the necessity 
of talking'about the other wharves there. Fiske's 
wharf, Battery wharf and every other wharf is 
vacant. It is so on Central and other wharves. 
You cannot control trade any more than you can 
a sand bank in the Bay of Fundy. Take the land 
in State street. Y^ou cannot get so much for it as 



FEBRUARY 17 



1879 



107 



you could before. It is n't because Commercial 
street is not wideued. It is so all round. It is be- 
cause people have located in other places. Wlieu 
a man thinks he can better himself, and gets 
ready to move, he will do so, and he -will continue 
to do it. This was about the lirst time I knew of 
a money centre moving: but you can hire as 
many stores and counting rooms in State street 
as you want. 

Alderman Viles — We are not discussing State 
street, but Commercial street. 

Alderman Robinson— I understood it was. 

Alderman Stebbins in the chair. 

Alderman O'Brien— "With all due respect tor the 
Alderman, I would advance the idea that things 
have changed. We don't extend over twenty-five 
acres now. We build up. An elevator could be 
built on Constitution wharf that could hold more 
than a million bushels of grain. Look at the 
Alderman's statement about grain. He says that 
four hundred car loads of grain will come here a 
day. Four hundred cars a day, at four hundred 
bushels per car, amount to one hundred and sixty 
thousand bushels of grain a day. 

Alderman Robinson — I said freight. I did n't 
say grain. 

Alderman O'Brien— I merely use grain to show 
the immense quantity that will be brought every 
year by bringing that quantity every day. This 
improvement was commenced at the wrong end. 
It was continued until it could be useful to the 
city of Boston and there it stopped, and it has re- 
mained so for years, injuring our terminal facili- 
ties and driving business away from our city 
every year, as facts and figures will prove. For 
instance, you take the number of vessels in the 
port of Boston today— two ships, twenty barques 
and eight brigs; in all thirty square-rigged ves- 
sels. Look at Baltimore today — seven ships, 
forty-two barques and eleven brigs: in all sixty- 
four, against thirty for Boston. Take the port of 
Philadelphia .with her frozen harbor lines shut 
ojit with ice. Today they have twelve ships, 
twentv-four barques and eleven brigs, making 
seventeen more square-rigged vessels than Bos- 
ton. Take the port of Kew York — thirty-eight 
ships, a hundred and seventy-three barques and 
sixty brigs ; in all two hundred and seventy- 
one square-rigged vessels; and only thirty 
in Boston. There was a time— a tew years 
ago — when we stood second to New 
York, and it we had not neglected our 
terminal facilities, we would have almost equalled 
New York in business. Now, gentlemen can 
calculate how much money those two hun- 
hundred and seventy-one vessels will put into the 
business in New York- How many dollars' 
worth of groceries and provisions, and other ar- 
ticles of food and clothing it will buy. That is 
the trade we are losing. Again, it is said that 
this Constitution wharf and the otter wharves 
at the North End have not the capacity to load 
large steamers. I don't care anything about 
their capacity for loading large steamers. What 
we want are elevators and deep water, and facil- 
ties for loading vessels. It is a mistaken notion 
that the trade of the country is done by steamers. 
It is not. Take the shipments of the port of New 
York in 1878,over eighty-eight millions of bushels of 
grain— just about asmuch grain, according to the 
gentleman's figures, as the Fitchburg road would 
bring into Constitution wharf. Of the eighty- 
eight millions bushels of grain exported from 
New York last year, thirty-two million bushels 
went in steamers, and fifty-six millions in sailing 
vessels, the number of sailing vessels that ar- 
rived at that port being 1879. That is the kind of 
business we are losing by neglecting our terminal 
facilities. There is n't a man who has lived in 
Boston for the last ten years, who has given any 
attention to the subject, but must see how we 
have been losing ground by neglecting our termi- 
nal facilities. We have ali the room at the North 
End we want. If one elevator with a capacity 
for a million bushels is n't sufficient to accommo- 
aate the grain that comes through the Hoosac 
Tunnel, we will build two elevators, if necessary, 
so that we can store two million bushels. The 
gentleman knows with what speed these vessels 
load, we have all the space we want there, and 
all we need in addition is space enough in the 
street to do our business, and if Boston does not 
widen Commercial street, it will be another block 
to drive the thirty vessels from our port that are 
now here. In another year we will not have an- 
other vessel here. I did n't intend to say but a 
very few words on this matter, but as the Alder- 



man has given us some figures, I thought I would 
give one or two myself. 

Alderman Robinson — The Alderman don't say 
anything about the six or ten ships that are run- 
ning from this port. He is cunning and smart, 
but those steamers are in addition to the thirty 
square-rigged vessels. Then the railroads are 
carrying freight cheaper than sailing vessels. 
When in the grocery business, I could get tea 
brought here at sixteen cents a package ; I can 
get it now for tea cents, ana all by rail, too. We 
can get freight from the East Indies here at one- 
third the usual rate of freight. That is all due to 
the railroads. There is as much business done 
here in Boston as ever there was before. You 
might just as well go and argue that trade has 
fallen off in Lynn. It has nothing to do with it. 
It is cause and effect. The cause is our extrava- 
gance. People don't need it and don't want it. 
You talk about building elevators. Are you going 
to elevate the cars and tracks? It reminds me of 
a story of a man in the western part of the State 
who had a lath mill, and he and his son sat down 
and figured up how they would put in a woollen 
mill. They got it all nicely figured out on the ta- 
ble, when the girl says, "Where are you going to 
get the money?" And the young man said, 
"Knock her down, dad." You may build all the 
elevators you please ; what good will they be if 
you have no room for the cars to bring the freight 
to them ? 

Alderman O'Brien — I always supposed the Fitch- 
burg Railroad to be a business corporation, and 
if they cannot manage all the cars that come 
through the Hoosac Tunnel, its managers are not 
the business men I think they are. Yon may rest 
assured that the Fitchburg Railroad will never 
attempt to do anything unless they have the facil- 
ities. I don't understand that the railroad will 
undertake an impossibility. I look upon the man- 
agers of the Fitchburg Railroad as men who know 
what they are about; that they are going to have 
steamers there, and that they understand pre- 
cisely what to do in the matter. 

Alderman Robinson— Why don't you tell how 
they are going to get out of it? You say they 
know what they are about. I think they do know 
what they are about. I believe that if we are 
fools enough to pass this appropriation, that they 
will be sharp enough to make up their trains in 
the;street of eighty feet width. If you are going 
to vote for this, you can do it. f think I under- 
stand it. They have n't room there, and can't 
get it. 

Alderman Kelly — I would like to ask Alderman 
O'Brien, or some one else who has spoken, if this 
order is rescinded, what obligations are the city 
left under? 

Alderman O'Brien— The order passed a little 
over a year ago, appropriated $500,000 for the 
widening of Commercial street. At that time, 
the Street uommissioners believed the work 
could be done for that amount; but, like all such 
improvements, some obstacles have been encoun- 
tered. There are estates held by different parties 
in trust, and it is impossible to complete the work 
unless they have the power to go to work and do 
it, and afterwards settle with the parties who 
hold the estates in trust and others who hold 
property in common. That is the great difiiculty 
which is in the way, as I understand it. It is n't 
in the amount of money, because in all human 
probability, it will be done within the $500,000. 
The difficulty is in reaching the parties who hold 
estates in trust. 

Alderman Flynn— I would also state that this 
matter will have to be submitted to the City 
Council bel ore the street is widened. The City 
Council will have to pass upon it. 

Alderman O'Brien m the chair. 

Alderman Kelly— If I understand it, this is 
merely a question of rescinding a vote that has 
been passed, and that is all the change there is. 

Alderman Flynn— It is to give them power to 
widen on the land side. 

Alderman Kelly— I don't rise to oppose the or- 
der, as it is not a matter of an appropriation, and 
as the estimates are to be made hereafter and pre- 
sented to the City Council, and we are then to 
consider it, I think I shitll vote for the rescinding. 
But the Alderman who opposed this matter has 
said a great deal that is true, notwithstanding, 
and the gentleman who left the chair and made 
an address also stated some facts. But I say here 
distinctly that— and I agree with the gentleman 
who spoke first upon this matter— it is a want of 
facilities for discharging grain in the city of Bos- 



108 



BOAJRU OF Al^JJJERJMEN 



ton that keeps us in the condition we are in to' 
day. A number of reasonable-sized sailing ves- 
sels, carrying the same amount of grain that is 
shipped weekly from the city of Boston, would 
give emplojment and occupy all the room in the 
wharves and warehouses and give employment to 
every branch of mechanical industry and labor 
that this city could possibly accommodate. The 
facilities asked for are simply that the city of 
Boston shall be as we in East Boston are today, 
simply a tunnel through which the grain may 
come fr.''m the West and be poured into a British 
steamer and sent out of Boston. Boston is here 
asked to spend money in order to do that. What 
does an English steamer leave in Boston? She 
leaves barnacles and nothing else. 1 saw recently 
by tiie ijapers that some Bostoniau had gone to 
Baltimore and was going to show what enterprise 
could do, and was going to introduce a new line 
of steamers. I wrote to a friend of mine in Balti- 
more, "If you want to bring a curse upon the city, 
then introduce a line of English steam- 
ers." I think the North End has been de- 
prived of a good many advantages that other 
portions ot the city have. When the North End 
comes here and asks tor this, I think we should 
give it a fair investigation; and therefore 1 shall 
vote for it. But this is a mere question of the 
change of plan, and I shall feel that I ought to 
vote tor it. But I don't agree with my friend, the 
Chairman. The fact is the American commerce 
of Boston is gone. It is out of the question; it 
will never be returned. The only thing that 
would build up Boston is neglected. A reci- 
procity treaty with Canada would make us pros- 
perous. There don't seem to be liberality enough 
in the country to get it. But it must be done by 
British steamers, they think. They were built by 
mechanics in Glasgow, and nearly all, except the 
Cunard line, have failed. They are forcing their 
steamers here to drive out our" commerce, and we 
are asked to bore the Hoosac Tunnel in order to 
send the grain from the West by a continuous line 
by the next steamship to Europe. No, sir, the 
commerce of Boston, L fear, has gone; whether it 
will ever come back again, I don't know. If this 
is a mere change of programme, I will vote for it; 
but I will not vote tor the widening of Cousmer- 
cial street until we know the exact cost to a dol- 
lar. I don't believe in jumping into a thing at 
live hundred thousand and having it cost a mill- 
ion. 

Alderman Stebbins called for the yeas and nays, 
and the order was passed— yeas 11, nays 1— Alder- 
man Robinson voting nay. "Sent down. 

HEARINGS ON STEAJI ENGINES. 

Hearings were had on petitions to locate and 
use steam engines by Cobb, Bates & Yerxa at 692 
Washington street, and G. W. & F. Smith on 
Furnace street. No objections, and referred to 
the Committee on Steam Engines. 

PETITION rOE STEAM ENGINE, 

A petition was received from Max Kaiser, for 
leave to erect and use a stationary steam engine 
at 526 Stoughton street, and an order of notice 
was passed for a hearing thereon on Monday, 
March 10th, at four o'clock P. M. 

SEWEB ASSESSMENTS. 

Schedules of the cost of constructing sewers 
were received from the superintendent and re- 
ferred to the Committee on Sewers, as follows: 
Bowe and Centre streets, Sheridan and Terrace 
avenue, $4028.16; Jamaica and Woodman streets, 
$4027.67. 

BUBIALS IN TOMBS UNDER ST. PAUL'S AND OTHER 
CHURCHES. 

The following was received: 

Boston, Feb. 12, 1879. 

!/'o the Honorable City Council of Boston ; 
Gentlemen— The order ot the City Council, passed 
and referred to this Board Jan. 23, has been re- 
ceived. The order requires the Joint Standing 
Committee on Health to obtain and report the 
evidence and arguments in regard to the pro- 
posed removal of tombs from under St. Paul's 
Cliurch in Boston, and also to report the extent to 
which interments in tombs within the city limits 
continue to be made. It has been considered, and 
we beg to report that the Board has not in its pos- 
session, and has no means ot obtaining, the evi. 
dence and arguments in relation to the subject. 
We will suggest, however, that in the opinion of 
this Board it is wholly wrong to put or retain hu- 
man bodies beneath St. Paul's Church or any other 
church in the city. In the case of St. Paul's 
Church we think there can be no doubt about 



unhealthy emanations coming from the dead 
bodies beneath it. We would also take this occa- 
sion to say that in our opinion any inore burials 
in cemeteries within the thickly populated parts 
of the city should be prohibited, and we would 
respectfully recommend tnat such legislation be 
asked for as will render prohibition practicable 
by the city or its authorized agents. 'The follow- 
ing table shows the number ot interments made 
in' cemeteries within the city limits from May 1, 
1875, to April 30, 1878, during which period "the 
records were kept in this office: Bunker-Hill 
Ground, 88; Phipps-street Ground, 200; Christ 
Church, 2: Codman Cemetery, 23; Central Ground 
(Common), 97; Copp's Hill. 32; Catholic Cathedral 
(Washington street), 1 ; Dorchester North Ground, 
77; Dorchester South Ground, 48; Eustis-street 
Ground, 2; Eliot-street Ground, 9; Granary 
Ground, 15; Hawes Ground, 6, King's Chapel, 6; 
Kearsarge, 24; St. Augustine Ground, 202; St. 
Paul's Church, 52; South Ground, 31; Union 
Ground (City Point), 64; Walk-Hill Ground, 34; 
Centre-street Ground (West Roxbury), 16. Total, 
1029. Respectfully submitted, 

S. H. DuRGiN, Chairman. 
Accepted and on motion of Alderman Stebbins 
referred to the Joint Committee on Health. Sent 
down. 

FIRST ASSISTANT ASSESSORS. 

Alderman Hayden submftted a report from the 
Joint Standing Committee on the Assessors' De- 
partment recommending the election of the fol- 
lowing-named persons as First Assistant Asses- 
sors: 

Thomas J. Anderson, Theophilus Burr, Andrew 
J. Browne, Nahum Chapiu, Michael Carney, 172 
Salem street; George A. Oomins,JJohn H. Duane, 
Joseph L. Drew, W. W. Dromey, Martin Dowling, 
Daniel Doherty, 36 Melrose street; Richard J. 
Fenuelley, John H. Griggs, John H. Giblin, 
George W. Kingman, IVxichael D. Collins, 38 Fleet 
street; Thomas Leavitt, 447 West Broadway; 
Horace Loriug, Foster L, Morse, John McElroy, 
16 Clay street, John J. Murphy, 47 Hudson street; 
James McMorrow, George S. Pendergast, Patrick 
H. Rogers, William N, Starrett, William B. Smart, 
George A. Shaw, Horace Smirii, 389 West Fourth 
street; John B. Shea, Charles E. Temple, James 
Teevan, 69 Lenox street; William A. Wheeler, 
George W. Warren, Baldwin place, Brighton. 

Alderman Robinson^I move that that be laid 
over lor one week. It is an important matter, 
and I am not prepared to vote for it tonight. I 
hope it will be laid over for one week. 

Alderman Flynn— I would suggest that the re- 
port be accepted and the election be laid over for 
one week. 

The report was accepted. Sent down. 

The election was laid over for one week. 

LICENSES. 

Alderman Flynn submitted reports from the 
Committee on Licenses, as follows! 

Victuallers' Licenses Granted— Alonzo C. Gate, 
1399 Washington stieet; John H. Crane, 172 Han- 
cock street; Frank Dolan, 144 Leverett street; 
Holbrook & Armstrong, 627 Wasnington street; 
Michael Maguru, 564 Main street, Ctariestown 
District; Kate Mainwaring, 2329 Washington 
street; Joseph Ochs, 84 'Wesi Canton street; D. 
Vaugbhan & Co., 195 Eodicott street, removal 
from 21 Charlestown street; Robert M. Waitt, 24 
Bedford street; Edward M. Wilkins, 693 Tremont 
street. 

Minors' Aiiplications Granted— Fifty-eight 
newsboys. 

Severally accepted. 

TREES TO BE REMOVED. 

Alderman Flynn submitted a report from the 
Committee on Common on the part of the Board, 
that Thomas Hisler have leave to remove two 
trees in front of his premises on Heath place, at 
his own expense, under the direction ot the Su- 
perintendent of Public Grounds. Accepted. 

ORDERS TO PAY FOE STREET DAMAGES. 

Alderman Flynn submitted the following from 
the Committee on Streets on the part of the 
Board : 

Orders to pay for land taken and all damages 
occasioned by the widening of streets, as follows: 

Jonathan B. Weld, trustee, for land taken in the 
name of the heirs ot Joseph M. Weld, $772.13, 
extension of Park avenue through a portion of 
Walkhill street and Washington street; and Otis 
Shepard, $2500, laying out of East Chester park 
from Swett street to Boston street. Severally 
read once. 



FEBRUARY 17 



1879 



J 09 



THE BROADWAY EXTENSION. 

AltlermaD Flynn offered the following: 

Wbereas, Ttere is a balance ol the special ap. 
propriation for Broadway extension remaining 
tinexpeuded and the grading of the said exten- 
sion at its junction with Albany street is uncom- 
pleted, it is hereby 

Ordered, That \he Committee on Paving take 
into consideration the subject of at once com- 
pleting the grading of saia Broadway extension 
at Albany street. 

Passed. 

SUPERINTENDENT OF PUBLIC LANDS. 

Alderman Stebbius submitted the following: 
The Joint Standing Committee on Public Lands, 
to whom was referred the communication of W. 
Elliot Woodward making certain charges against 
the present incumbent of the office of Superin- 
tenaent o'f Public Lands, having considered the 
subject, and having given a hearing in relation to 
the matter, would respectfully report as follows: 
The charge that the present Superintendent's 
management of the public property is such that 
the city fails to derive an adequate return, and 
also the charge that the active duties of his office 
are delegated to incompetent assistants, the 
committee find are eotirely unsubstantiated. 
The charge that on account of the su- 
perintendent's neglect (referring particular- 
ly to the Northampton - street District, so- 
called), it has greatly depreciated in value, is 
not correct. The comuiittee are of opinion 
that the said property is in as good if 
not better condition than was the case 
when it was surrendered by or in the interest 
of the remonstrant to the city. Its depreciation 
in value, since it has been placed under the man- 
agement of the Public Lands Department (if it 
has depreciated), has been to the same extent and 
in the same degree as the well-known and general 
depreciation of all property within the city of a 
similar class. Tne committee are confirmed in 
this opinion by the most reliable and competent 
authorities whom they have consulted in relation 
to the matter. In conclusion, the committee re- 
spectfully report that the charges, both generally 
and individually, have not been sustained. 
For the committee. 

Hugh O'Brien, Chairman. 

Accepted. Sent down. 

On motion of Alderman Stebbins, the election 
of a Superintendent of Public Lands was taken 
from the table and a ballot ordered. Committee, 
Aldermen Stebbins and Viles. 

Whole number of votes H 

Necessary for a choice 6 

Robeit W. Hall had 8 

Jerome S. Macdonald 3 

Mr. Hall was elected in non-concurrence. Sent 
down. 

SURVEY AND INSPECTION OF BUILDINGS. 

Alderman Viles submitted a report from the 
Committee on Survey and Inspection of Build- 
ings on the part of the Board, of leave to with- 
draw on petition of W. H. Armstrong to project 
a lantern in front of 627 Washington street, with 
the word Brunswick thereon. 

Alderman Viles submitted the following from 
the Jinnt Committee on the Survey and Inspec- 
tion of Buildings: 

Reports and orders for permits to erect thirteen 
"wooden buildings for market purposes by pro- 
prietors of India wharf on India street. Orders 
read twice and passed. Sent down. 

PUBLIC INSTITUTIONS. 

Alderman Viles presented a communication 
from the Directors tor Public Institutions, re- 
questing a transfer ot twenty-five hundred dol- 
lars from the appropriation for Austin Farm for 
the purpose of removing the barn and other out- 
buildings from their present location. This 
change will become a necessity in the erection of 
anew wing for that institution, and it will be 
necessary to enlarge the barn and other outbuild- 
ings. It is estimated that the work can be done 
for the amount in question, and this sum can be 
spared from the present appropriation. It is de- 
sirable to commence it before the commencement 
of the farming season. 

Alderman Viles— Unless there is some objection, 
I would ask that this may take its reference to the 
Committee on Finance. It is necessary that it 
should be done, as the barn is so close to the 
house where there are so many old ladies. I have 
conferred with some members of the Committee 
on Public Institutions and they have no objection 
to the reference. 



The communication was referred to the Com- 
mittee on Finance. Sent down, 

HAIiBOR MASTER. 

Alderman Kelly offered an order— That the 
Committee on Ordinances consider the expediency 
of repealing an ordinance in relation to Harbor 
Master and Captain of the Harbor Police, passed 
June 7th, 1878. Passed. Sent down. 

THE INVESTIGATION OF THE SUPERINTENDENT 
OF STREETS. 

Alderman Breck submitted the following (City 
Doc. 19), which, on his motion, was accepted and 
sent down : 

The joint special committee appointed to nom- 
inate a suitable candidate for Superintendent of 
Streets, to whom was referred the several re- 
monstrances against the reelection ot Charles 
Harris, beg leave to submit the-following report: 
In compliance with the directions of the City 
Council, your committee gave four public hear- 
ings upon the subject, at which a large amount ot 
testimony was given, a phonographic report of 
which is herewith submitted. 

Your committee are of the opinion that, while 
the specific charges contained in the remon- 
strances were not proved, the testimony adduced 
at the hearings justifies the belief that the Paving 
Department has been poorly and unsystematical- 
ly managed. 

It appears that tlie district foremen have been 
allowed to give away and barter the property of 
the city, upon their own responsibility. (See tes- 
timony of James Kelly, pp.41, 68; John Hawes, p. 
61; M. Heauglieny,p. 69; C. B. PaysoQ, p. 103; P. 
D. Ladd, p. 135; P. B. Smith, p. 154; John Kennis- 
ton, p. 156; Jere. Crowley, p. 168; S. A. Rogers, p. 
183; Wm. Pope, 204.) 

It Is urged that the city derived a benefit from 
this practice; but, even if this were true, it is 
based upon a false principle, and should not be 
countenanced. No private corporation would al- 
low its employes to dispose of its property in such 
a manner. If allowed in small things it may be 
allowed in greater, until the practice would grow 
into a gigantic system of fraud and corruption. 

It is also shown that the foremen are allowed 
to keep horses for their private use at the city's 
expense. In some cases these horses are fur- 
nished by the City, while in others they are the 
property of the foremen. (See testimony of C. B. 
Payson, p. 103; P. D. Ladd, p. 135; S. A. Rogers, p. 
183.) As a rule this appears to be a needless ex- 
pense. In some districts, comprising a large ex- 
tent ot territory, without means of coirmunica- 
fion, it may be necessary to Jurnish transporta- 
tion for the foremen, provided it is proved that 
the work cannot be as well doee under the di- 
rection of efficient and experienced sub-foremen. 
But there is no excuse for allowing horses to 
the foremen in the smaller districts. There 
the means ot communication used by citi- 
zens in the transaction of ordinary business 
would appear to be sufficient for the men engaged 
in the city's business; and to furnish these men 
with vehicles, or to pay for keeping their horses, 
is a misappropriation of the public money. At 
all events if, in any case, it is necessary to furnish 
the foremen with teams, their use should be 
strictly confined to the transaction of the busi- 
ness of the department, in one instance it was 
shown that a city team was used to transport to 
and from the depot a foreman who lived out of 
town during the"summer months. (Rogers's tes- 
timony, page 186; Michael Haghes, page ?2.) It 
may be questioned whether the duties of foreman 
in the Paving Department can be properly per- 
formed by a person living in Dedham; but, with- 
out attempting to discuss that question, the com- 
mittee cite the case as an illustration of how the 
property of the city may be used for other than 
legitimate purposes. 

It further appears that the present Superin- 
tendent of Streets has appointed men as foremen 
who are unqualiUed for the position, from lack of 
practical knowledge of the paving business, and 
whose personal habits and dispositions unfit them 
for their duties. (See evidence, Martin Kenney, 
p. 17; Bernard Kerrigan, p. 19: James Kelly, p. 
41 ; James Burns, pp. 45, 56; Michael Hughes, pp. 
64, 72; Robert Bell, p. 152; John Turner, p. 179; S. 
A. Rogers, p. 183.) 

It was satisfactorily proved that the political 
circular referred to in the remonstrances was 
circulated, read to, and caused to be read by the 
men employed In the Paving Department by fore- 
men directly under the charge of the Superin- 
tendent ot Streets. (See evidence, W. J. Curran, 



110 



BOARD OF ALDERMEN. 



p. 79; James Ferris, p. 80; C. Doherty, p. 80; Sam- 
uel Daley, p. 81 ; John Donovan, p. 82; O weo Mc- 
Carty, p. 83; Pliilip Mclntyre, p. 83; Thomas Le 
Francis, p. 85; George Steppe, p. 234; Patrick Mc- 
Carron, p. 239.) 

The circular was distributed on the clay before 
the last municipal election, clearly with the in- 
tent of iniimidaiing' tbe laborers employed by the 
city, particulai'ly those in the favioji Depart- 
ment. Whether or not men connected with that 
department were engaged iu distributing it could 
not be conclusively proved, but it was proved iu 
two instances that the foremen had interested 
themselves in making their men acquainted with 
Its contents. It is unnecessary to comment upon 
such an unjustifiable attempt to tamper with the 
votes of workiugmen, and to convert the Paving 
Department into a political machine. 

Your committee do not wish to cast any reflec- 
tion upon the personal character or integrity of 
the present Superintendent ot Streets, but are of 
the opinion that he has been unfortunate in the 
selection of bis subordinates, and is, therefore, 
indirectly responsible for the abuses which exist 
in the department. They believe that the inter- 
ests of the city demand a radical change in ihe 
management of the department, and tberefore 
recommend the election ot another gentleman as 
superintendent, in place of the present incum- 
bent. Respectfully submitted, 

Daniel D. Kelly. 

Roger J. Kelley. 

Feancis O'Bkien. 

Isaac Rosxosky. 

Minority lleport. 

The undersigned respectfully dissents from the 
foregoing report, and begs leave to submit his 
reasons therefor. He agrees with the majority of 
the committee that the specific charges contained 
in the remonstrances were not proved, and, fur- 
ther, believes that they had no foundation what- 
ever in fact, and that the remonstrants were 
either misled or deliberately attempted to injure 
a faithful public officer. 

The majority ot the committee express the 
opinion that the testimony justifies the belief 
that the Paving Department has been "poorly 
and unsystematically managed," and call atten- 
tion to what they consider instances of misman- 
agement. Tne undersigned will not attempt to 
defend the Committee on Paving of this or previ- 
ous years from this wholesale imputation of a 
want of ability, but will simply briefly consider a 
few ot the most important points touched upon 
in the majority report. 

The statement that the district foreman gave 
away and bartered the property of the city ap- 
pears upon the face to be a very grave charge ; 
but, examined by the light ot evidence, it will be 
seen that in every instance the city either re- 



ceived more than an equivalent or was saved con- 
siderable expense by the transaction. When it is 
understood that the "property" referred to con- 
sisted mainly of surplus earth or stone, which 
iu grading streets it became necessary to dispose 
of, and that in return the city received material 
whicti could be used in the work, it will be seen 
that the transactions were a part of the legiti- 
mate business of the department. 

With regard to the district foreman being fur- 
nished with horses at the expense of the city, the 
undersigned is of the opinion that it is for the 
Committee on Paving, who are familiar with the 
wants ot the department, to decide whether or 
not they are necessary. Successive committees 
for many years have allowed their use, because 
the work of the deiDartment has been facilitated 
thereby. The attempt to prove that city teams 
weie used for other than the legitimate work of 
the department is too frivolous to merit notice. 

With regard to the fitness of the foremen for 
their positions, the undersigned believes that the 
testimony was insufficient to sustain the charge 
that any of them are not qualified. These charges 
were made in 1877, and, at a hearing before the 
Committee on Pavin<? of that year, were refuted. 
The tact that the foremen have been continued in 
office by successive committee3 for many years 
appears to be satisfactory evidence thatthey'have 
performed their duties in a capable manner. 

The attempt to connect the Superintendent of 
Streets with the circulation of a certain obnoxious 
political document signally failed. There was not 
a shadow of proof that he had anything to do 
with it. The circular was intended to influence 
the votes of laboring men, particularly those em- 
ployed by the city, but not specially those in tbe 
Paving Department. It was distributed to the 
employes of other departments, but no attempt 
has been made to hold the heads of those depart- 
ments responsible therefor; nor would it have 
been attempted In the present case, had it not 
afforded another pretext for attacking the Super- 
intendent ot Streets. Tne use that has been made 
(9f it would seem to warrant the belief that its 
originators had some such ulterior object in view 
when they distributed it. 

In conclusion, the undersigned believes that a 
careful examination of the evidence will satisfy 
any unprejudiced person that the attack upon 
the Paving Department is wholly unwari'anted. 

He has had occasion at other times to examine 
into the workings ot the department, and has 
failed to find any grounds for the accusations that 
have been made against its officers. 

He believes the present Superintendent of 
Streets to be an able, honest and efficient officer, 
and therefore recommends his reelection. 

Charles H. B. Beeck. 

Adjourned on motion of Alderman Slade. 



COMMON COUNCIL. 



Ill 



CITY OF BOSTON. 

Proceedings of tlie Common Council, 

FEBRUARY ;30, 1879. 



Regular meeting at 71/2 o'clock P. M., William 
H. Whitmore, President, in the cliair. 

MISCELLANEOUS PAPERS EKOM THE BOAKD OF 
ALDEKMEN. 

Refersnce to Committee on Health of a report 
of the Board ot Health on interments under St. 
Paul's Church and in other cemeteries. Special- 
ly assigned to next meeting, on motion of Mr. 
Devlin of Ward 13. 

Reference to Committee on Finance of a re- 
quest of the director* of 'public institutions for an 
appropriation of 4!2500 to remove and rebuild 
barn, etc., at Austin farm. Concurred. 

Five reports and orders to allov? the proprietors 
of India wharf to erect wooden buildings on and 
in rear of said wharf. Orders passed in concur- 
rence. 

Majority and minority reports of tbe committee 
to which had been referred the remonstrances 
against the election of Charles Harris as Superin- 
tendent of Streets. (City Doc. No, 19). Accepted 
in concurrence. 

Report that the charges of W, E. Woodward 
against the Superintendent of Public Lands have 
not been sustained. Accepted in concurrence. 

COMMERCIAL STREET, 

A report came down in favor and passage of 
order to rescind the restriction contained in the 
order in relation to widening Commeicial street, 
passed Dec. 31, 1877. 

The President read the original order making 
the appropriation of five hundred thousand dol- 
lars for the wideoing- of Commercial street on cer- 
tain conditions and said, The Chair understands 
it will require the same two-thirds vote, by yea 
and nay, of the members of the Council to make 
this alteration in the conditions contained in the 
original order. 

Mr. Brawley ot Ward 19— In view of that deci- 
sion, I move that the order lie on the table. 

The order was laid upon the table. 

SUPEKIJSTEISIDENT OF SETVERS. 

A certihcate came down of the election of Will- 
iam H. Bradley as Superintendent of Sewers, in 
place of Samuel L. Minot, elected by this Council. 

Mr. Brawley of Ward 19-1 move that the Coun- 
cil adhere 10 their first ballot, and that when the 
vote is taken it be by yeas and nays. 

Mr. Coe of Ward 23—1 move an amendment 
that we proceed to ballot. 

The question was put on the amendment, and 
the President was in doubt. 

Mr. Sawyer of Ward 24 called for the yeas and 
nays on the solution of the doubt. 

The yeas and nays were ordered, and the ques- 
tion came upon proceeding to a ballot. 

Mr. Brawley— If there is no objection, I will 
withdraw my motion for the yeas and nays on the 
tirst motion if the gentleman will withdraw the 
motion for the yeas and nays on the second mo- 
tion. 

The President— The yeas and nays have been 
ordered on the second motion. 

Mr. Brawley— They were not ordered on the first 
motion. 

The President— They were not ordered on the 
first motion, Mr. Coe having obtained the floor 
before the vote was taken. 

The question was taken upon proceeding to a 
ballot, and the Clerk began to call the roll. 

Mr. McGaragle of Ward 8—1 desire to know 
what we are voting for. 

The President— A certificate of election ot Will- 
iam H.Bradley as Superintendent of Sewers having 
come down from the other branch, Mr. Brawley 
of Ward 19 moved that the Council adhere to its 
former ballot; Mr. Coe moved as an amendment 
that the Council proceed to ballot; and the yeas 
and nays have been ordered in regard to Mr. Coe's 
motion to proceed to a ballot. 

Mr. McGaragle— I don't know why the gentle- 
man originally offered that order- 
Mr. Brawley— I rise to a point of order, that the 
question was taken, the vote doubted, and the 
yeas and nays ordered, and the question is now 
upon solving the doubt. 

The President— The Chair does not so under 



stand It. The yeas and nays have been ordered 
on the motion of Mr. Coe that the Council pro- 
ceed o a ballot. 

Mr. McGaragle— I have no desire to discuss it. 
1 only wanted to know in what state it stood. 

The roll was called and the motion was lost- 
yeas 35, nays 35: 

Yeas — Messrs. Austin, Blakemore, Brown, 
Clapp, Coe, Colby, Dudley, Fisher, Greenough, 
Hancock, Hart, Healy, Hilton, Howard, Lauten, 
Morrison, Mowry, Nason, Parkman, Perkins, 
Plimpton, Pray, Rust, H.N. Sawyer, N. Sawyer, 
Shepard, Sibley, Stearns, Sweetser, Taylor, Ward, 
Wheeler, Wolcott, WooUey, Wyman— 35. 

Nays — Messrs. Anthony, Ban y, Bowker. Braw- 
ley, Bunten, Cannon, Cavanagh', Christal, Cos- 
tello, Denny, Devine, Devlin, J. ,J. Doherty, J. Do- 
herty, Furlong, Hayes, Kelley, Kendricken, 
Kidney, Locke, Lovering, Maguire, McGahey, Mc- 
Garagle, M( Laughlin, Moigan, Mullane, Murphy, 
O'Brien, O'Dowd, Rornosky, J. A, Sawyer, Swee- 
ney, Swift, Whitmore-35. 

Absent or not voting— Messrs. Brintnall, C. F. 
Doherty— 2. 

The question then came upon the motion of Mr. 
Brawley, that the Council insi?t upon its previous 
ballot. The immediate question being upon or- 
dering the yeas and nays, the yeas and nays 
were ordered. 

Mr. Wheeler of Ward 10— The point of order 
upon which I would like to have the ruling of the 
Chair is, whether the vote proposed would be in 
order; the point beinsr, whether this is not an 
election which is required to be by ballot, the 
Board of Alderman not having concurred with 
us, does it not come to us as a new matter? and 
would a motion of this kind be in order? 

The President— The Chair is of the opinion that 
the motion is in order. The question is now upon 
the motion of Mr. Brawley, which is to the fol- 
lowing effect: That the Council do insist upon its 
previous ballot; and on tbat the yeas and nays 
have been ordered. The Clerk will call the roll. 

The Clerk proceeded to call the roll. 

Mr. Sweeney ot Ward 2—1 desire to have the 
question stated again. 

The President— The motion made by Mr. Braw- 
ley of Ward 19 is as follows : That the Council do 
Insist upon the previous ballot, by which, on the 
13th ot February, they elected by ballot Samuel 
L, Minot is Superintendent of Sewers, and on 
that the yeas and nays have been ordered. 

Mr. Coe ot Ward 23-1 rise to obtain unanimous 
consent to call attention ot the Chair to rule 68, 
which provides that all salaried officers shall be 
elected by ballot. 

The President— The Chair has already ruled 
upon that point, and the first name upon the roll 
has been called. The gentleman is out of order. 
The remarks of Mr. Sweeney were allowed because 
he asked for information. 

The roll was called. 

During the call of the roll the following remarks 
were made by gentlemen when their names were 
called: 

Mr, Mowry of Ward 11 — I wish to be excused 
from voting, because I consider this in direct vio- 
lation of the rules. 

Mr. McGaragle— I should object to that at this 
stage of the proceeding. The gentleman has no 
direet interest in this proceedina: and he cannot 
be excused. 

The President— The Chair understands that Mr, 
Mowry cannot be excused. The same question 
has arisen and been decided before, 

Mr. Mowry— Then I wish to cast my vote under 
protest, as 1 consider it in direct violation of the 
rules of this Council. 1 shall vote "No." 

When the )iame of Mr. Rust of Ward 10 was 
called he said— Mr. President, I desire to vote 
"No" under protest, as I consider this proceeding 
illegal. 

Mr. N. Sawyer, when his name was called, said, 
I desire to vote "No," under protest, 

Mr. Swift ot Ward 9, when his name was called, 
said, I should like to vote "Yea," under protest. I 
have some doubts as to the legality of the vote, 
I shall vote "Yes." 

The motion to adhere to the former ballot pre- 
vailed—yeas 37, nays 33: 

Yeas— Messrs. Anthony, Barry, Bowker, Brawley, 
Bunten, Cannon, Cavanagh, Christal, Costello, 
Denney, Devine, Devlin, C. F. Doherty, J. J. Doher- 
ty, J. Doherty, Furlong, Hayes, Kelley, Kendrick- 
en, Kidney, Lauten, Locke, Lovering, Maguire, 
McGahey," McGaragle, McLaughlin, Morgan, Mul- 
lane, Murphy, O'Brien, O'Dowd, Rosnosky, J. A, 
Sawyer, Sweeney, Swift, Taylor— 37. 



112 



OOJMJVLOJSr COUNCIL 



Nays— Messrs. Austin, Blakemore, Brown, Clappj 
Coe, Colby, Dudley, Fisher, Greenough, Hancock, 
Hart, Healy, Hilton, Howard, Morrison, Mowry, 
Nason, Parkman, Perkios, Plimpton, Pray, Rust, 
H. N. Sawyer, N. Sawyer, Shepard, Sibley, 
Stearns, Sweetser, Ward, Wheeler, Wolcott, Wool- 
ley, Wyman— 33. 

Absent or not votino- — Messrs. Brintnall, 
Whitmore— 2. 

Mr. McGaragle of Ward 8— Happening to be a 
little late, and not beiog at the opening of the 
session, I was not hardly aware how the uroceed- 
iugs had got along. I find that we have got so 
far as the taking of a vote upon the election of a 
Superintendent of Sewers, and in order to verify 
the proceedings of this body, and as something 
seems to trouble the legal gentlemen of this body 
— though I don't know why it should — I would 
move that the other two elections on the pro- 
gramme (City Solicitor and Superintend- 
ent of Public Land?) be laid upon the 
table, and that the Committee of this branch on 
the Judiciary obtain the opinion of the City Solici- 
tor upon the legality or illegality of this proceed- 
ing. I do this to relieve the minds of those hon- 
orable gentlemen who like to protest against 
everything that don't suit their whimsical no- 
tions. I do this to lelieve their minds, and so that 
they may go back to their constituents and say 
that they have voted against their will, and that 
they have done it in the interest of good govern- 
ment, economy and reform. 

Mr. Mowry of Ward 11— I would ask the gentle- 
man what relation the other two elections have 
to the legality or illegality of the election which 
has just takejj i)tace. 

Mr. McG-aragle— I would say in answer to tliat, 
that I was late when the session begun, and that 
I should make the motion that the other two take 
tte same course; and in order to relieve the gen- 
tlemen from voting under protest again, I wish to 
ask the Judiciary Committee to relieve them of 
further trouble in the matter. 

Mr. Mowry — 1 would ask the gentleman how he 
assumes his motion will prevail. 

Mr. McGaragle— Numbers tell; power makes 
Tight; the majority is with us, we must be right. 

Mr. Wheeler of Ward 10— I desire to ask the 
gentleman from Ward 8 if he has reason to know 
what the opinion or the City Solicitor is upon the 
subject. 

Mr. McGaragle— If you ask me any more Ques- 
tions ,1 will put up a sign. 1 am not a lawyer. I 
am a layman, and am here to be instructed in the 
law. 

Mr. Brawley of Ward 19— The motion was not 
one to elect an officer by ballot. It was simjaly a 
motion to adhere to the former vote by ballot for 
Superintendent of Sewers. It seems from what I 
can learn and observe, that the protest was not 
entered perhaps so much on a doubt as to the 
legality of the proceeding, but as to a hesitancy 
as to which way to vote. In voting no, it appears 
that certain members do not wish to adhere to 
their former ballot is perhaps the idea that some 
miaht entertaiii in forecasting their vote that 
way. It seems that a portion of the Council do 
not wish to adhere to their former ballot, and if 
that be the case, and they wish tfi have a ballot 
this evening, I hope they will give a unanimous 
vote for Mr. Minot. 1 don't see how they could 
do anything more consistently. 

Mr. McGaragle of Ward 8 in the Chair. 

Mr. Whitmore of Ward 12—1 desire to call the 
attention of the Chair to the fact that it is an un- 
usual step which has just been taken. It is a step 
which has not been taken without consideration. 
The rule to which attention has been called — the 
68th — is very brief. It simply saye — 

"All salaried officers shall be elected by ballot." 

In the case now before us we did ballot for Mr. 
Minot for Superintendent of Sewers and elected 
him on the part of this branch. Everyoody un- 
derstands that it is perfectly competent for this 
or the other branch to refuse to go into a ballot. 
In this case we have simply said we stand by the 
hallot which we have already taken. I agree' that 
the objections which have been raised would 
toe very strong if an attempt were made to have 
made this motion before a ballot had been taken. 
But it certainly seems to me to be correct for us 
to refuse to go into a ballot, while at the same 
time it is perfectly correct for us to say we stand 
by a ballot which has already been taken. It is 
perfectly evident that if this action is sent to the 
Board or Aldermen, it will then be before them in 
a proper parliamentary form to insist upon their 
action, or call for a committe of conference, and 



that I believe can hardly be done by balloting 
from one branch to the other. Beyond that, I de- 
sire to say that the motion of the gentleman from 
Ward 8 seems to be extending the olive branch to 
the gentlemen on the other side who object to 
the proceeding. If the action taken is illegal, it 
is not to be desired that we s-houkl proceed to 
make two more illegal elections this evening. In- 
asmuch as it seems to be evident to eveiyone 
here that the majority are not likely to recede on 
any of the votes cast for City Solicitor or any 
other officer elected by ballot before, and inas- 
much as we have other business this evening, I 
can hardly see any impropriety in the other nrop- 
osition of Mr. McGaragle of Ward 8, namely, that 
instead of proceeding to carry out the same vote 
in regard to the other two officers, we suspend 
operations, and send to the City Solicitor for ad- 
vice, and lor that reason I hope the motion will 
prevail. 

The President in the chair. 

The elections of City Collector aud Superintend- 
ent of Public Lands were laid upon the table, and 
the Judiciary Committee were instructed to ob- 
tain the opinion of the City Solicitor upon the 
legality of the action, in accordance with the 
motion of Mr. McGaragle. 

FIBST ASSISTANT ASSESSORS. 

A report came down making the following 
nominations for First Assistant Assessors: 
Thomas J. Anderson, Theophilus Burr, Andrew 
J. Browne, Nahum Chapin, Michael Carney, 
George A. Comins, John A. Duane, Joseph L. 
Drew, W. W. Dromey, Martin Dowling, 
Daniel Uoherty (36 Melrose street), Rich- 
ard J. Fennelly, John H. Griggs, John 
H. Giblin, George W. Kingman, Michael 
D. Collins (38 Fleet street), Thomas (447 
West Broadway), Horace Loring, L. Foster 
Morse, John McElroy (16 Clay street), John J. 
Murphy (47 Hudson street), James McMorrow, 
George S. Peudergast, Patrick H. Rogers, Will- 
iam N. Stariett, William B. Smart, George A. 
Shaw, Horace Smith (389 West Fourth street), 
John B. Shea, Charles E. Temple, James Teevan 
(69 Lenox street), William A. Wheeler, George W. 
Warren (Baldwin place, Brighton). 

The question was upon the acceptance of the 
report of rhe committee. 

Nr. Nason of Ward 17— I move that the report 
be accepted and the nomination of First Assistant 
Assessors be specially assigned to half-past eight 
o'clock at the next meeting. 

The President — The Chair is of the opinion that 
the two motions are separate and should be made 
separately. 

Mr. Nason — I will withdraw them. 

The report was accepted in concurrence. 

The President announced that the nominations 
would lie over one week according to the rule. 

Mr. Maguire of Ward 19—1 move a suspension 
of the rule, in order that we may proceed to a bal- 
lot tonight. 

Mr. Wolcott of Ward 11 — I sincerely trust we 
shall not ballot on this list of I don't know how 
many— perhaps thirty— names tonight. A large 
proportion of the gentlemen must be unknown to 
many members here, and I tnink it would be ac- 
tion that we should be ashamed of. I trust the 
rule will not be suspended for any such purpose. 

Mr. Sibley of Ward 5—1 hope we shall not pro- 
ceed to a ballot. The Board of Aldermen have 
seen fit to lay it upon the table, and I propose to 
let them sleep over it another week. I am just as 
ready to vote tonight as I shall be a week from 
now, but they have seen tit to lay it upon the 
table and I propose to let them have it until next 
week. 

Mr. Maguire— I think that several members of 
the Board of Aldermen have requested that we 
have an? election here tonight, as they are sick 
and sore and tired of having persons come to 
them at all hours of the day in the Interest of the 
candidates. There are only six new names upon 
the list presented by the committee. I don't know 
as the gentlemen can find any names better than 
those presented. The nominations have been 
before the committee a week, and I don't know 
that we can do better than to act unon the infor- 
mation we get here. Of the thirty-three names re- 
ported eighteen served last year as First Assistant 
Assessors, nine served as Second Assistant Asses- 
sors last year, and there are six names which come 
well recommended by petitions from real-estate 
owners in tiifferent sections of the city. I think 
the committee can answer any questions in re- 
gard to those six names. We have had trouble 



FEBRUARY 20 



18 79 



113 



enough, and I hope, if KCntlemen have any respect 
tor the comuoittee, they will give us a lift and 
help us out. 

Mr. Morgan of Ward 15— We do not come here 
to transact business to suit any member of the 
Board of Aldermen ; and as the Council has proved 
a stickler for the rules, I hope the motion to sus- 
pend them will not prevail and that the nomina- 
tions will take the regular course. 

Mr. Brawley of Ward 19—1 would call the atten- 
tion of my colleague to the split ticKet, with some 
of the committee's names left off. Perhaps he 
may change his opinion after looking at that 
ticket. I would suggest to the gentleman from 
Ward 19 that some of the committee's nomina- 
tions have been leit off. 

Mr. iVlaguire— Does the gentleman mean off the 
regular list? 

ivlr. Brawloy — Yes. 

Mr. Rust of Ward 10— I hope this nomination 
will not be pressed tonight. From information I 
have, I cannot vote for one of the names on this 
list, and I would like another week to look into 
the subject. 

Mr. Shepard of Ward 1 — I trust the rules will 
not be suspended. I have not heard any reason 
why we should alter our usual rules. When 
nominations are made it is usual to lay them over 
for one week. I am not satislied with these nomi- 
nations. They have not reported a single man 
from my own ward. I desire that we should have 
a week in which to consider this matter. I sup- 
pose that there are men in Ward 1 who are capa- 
ble of being First Assistant Assessors, and I hope 
that the motion will lay over. 

Mr. Morgan of Ward 15— The gentleman Irom 
Ward 1 is in the same condition that I am. I find 
no name upon this list from my ward. 

Mr. Locke of Ward 14—1 beg leave to call the 
gentleman's attention to an inadvertency. There 
is a gentleman upon that list from Ward 15, 

Mr. Kidney of Ward 6— I hope the rule will not 
be suspended. 1 see a split ticket here from 
which some o; the best Assessors nominated by 
the committee have been left ■ ff. In regard to 
there not being a nomination from Ward 1, I 
would call the gentle I", an's attention to the fact 
that these Assessors are not taken from any par- 
ticular locality. I voted for Mr. Ellis, but he didn't 
succeed in gettina nominated. 

The Council refueed to suspend the rules and 
the nominations were laid over till the next meet- 
ing. 

SUPERINTENDENT OF STREETS. 

Mr. Rosnosky of Ward 16 moved to take from 
the table the majority and miooiity reports on 
the nomination of a Superintendent of Streets. 

The Tresident— This can only be done by a sus- 
pension ot the rule. The next business in order is 
the unfinished business from last meeting. 

Mr. Rosnosky— I move to suspena the rule in 
order that we may take from the table the report 
nominating candidates for Superintendent of 
Streets. 

Mr. Wolcottof Ward 11— I hope we shall not 
suspend the rule in this case. I received at my 
office yesterday a pamphlet containing 240 pages, 
a great part of which is testimony taken in this 
case. It is impossible for me to judge between 
the majority and minority reports at this time, 
and I dejire further time to form an opinion. I 
am sure that in the brief time it has been cir- 
culated here, it has been impossible for members 
to post themselves in the matter. I trust we shall 
not suspend the rule. 

Mr. Mowry or Ward 11— i would ask the gentle- 
man his reasons for making this morion. 

Mr. Rosnosky— We are under the head ot elec- 
tions, and the report was brought in by the chair- 
man at the last meeting. The report of the com- 
mittee on the investigation has come down from 
the Board of Aldermen this evening and been ac- 
cepted. If it is desired by the gentleman to have 
it lay over for one week and look over the report, 
I will withdraw my motion for the benefit of the 
members. 

The motion to suspend the rule was withdrawn, 

WATER ItEGISTHAR. 

The election of a Water Registrar was consid- 
ered under unfinished business. 

Mr. Morgan of Ward 15— At the last meeting I 
asked that this nomination lie over one week, be- 
cause I stated then that complaints had come to 
my knowledge regarding the management ot this 
department. Since then I have investigated those 
complaints and find them to be frivolous in every 
respect. I wish to call the attention of some 



members ot this Council to the fact that 
while last week it was understood that Mr. F. E. 
Goodrich was a candidate for the position, being 
entirely satisfied with the management of the 
department under Mr. Davis's administration, he 
is willing for him to continue it, and does not de- 
sire to be a candidate here this evening. There- 
fore, Mr. President, I move we proceed to ballot. 

A ballot was ordered. Committee— Messrs. 
Lauten of Ward 14, Brawley of Ward 19 and Mor- 
gan of Ward 15. 

On motion of Mr. Perkins of Ward 17, it was 
voted that a recess be taken during the counting 
of the ballot. 
The committee reported- 
Whole number of votes 66 

Necessary to a choice 34 

.lames McMorrow 1 

Simeon B. Smith 1 

George A. Shaw 2 

William B. I.ong 2 

William F. D.vis.... 60 

Mr. Davis was elected in concurrence. 

TWENTY-SECOND OF FEBRUARY. 

The order that all employes of the city, witti 
certain exceptions — all those whose services will 
be imperatively needed— be allowed a holiday on 
the 22d of February, without loss of pay, was 
brought up by a notice of a motion to reconsider 
by Mr. Swift of Ward 9. 

Mr. Swift of Ward 9— Mr. President, I move to 
reconsider the order passed at the last meeting 
of the Council in regard to granting a holiday to 
certain employes of the city on Washington's 
Birthday. My grounds lor moving the recon- 
sideration is this: I have inquired into the matter, 
ard 1 believe that such an order is quite unneces- 
sary, and it seems to me also thai it is baa m 
principle. I believe that it Is quite unnecessary, 
becairse I find on inquiry ohat it has been custom- 
ary in all the departments to grant a holiday, on 
legal holidays, to all the laborers employed 
in the departments, when they could be 
spared, and there has never been any de- 
duction from their pay on that account. 
It has been the practice, I am told, on 
Washington's Birthday, Feb. 22, of granting a 
half holiday to all the laborers in the departments 
where their services have not been imperatively 
needed, and no deduction made from their pay on 
this account. It seems to me, therefore, as this 
matter has always been properly attended to by 
the departments, that it was very inexpedient for 
us to interfeje. It is a matter that the heads of 
departments are propeily fitted to judge of, 
whether the laborers can have a holiday and 
whether they can be spared; and it is certainly 
not within the peculiar knowledge of this Council 
whether they can be spared, and it seems to me not 
only unnecessary but essentially a bad precedent 
for us to interfere in this matter. Undoubtedly, 
if this vote is not reconsidered it will be consid- 
ered a precedent in the future, ana undoubtedly 
such an order will be proposed and passed in the 
future. I believe in treating the workingmen em- 
ployed by the city with perfect fairness and put- 
ting them on an equality with other people. I be- 
lieve it is unfair to any class to make them a 
special class because they are employee by 
the city. I don't believe in granting any 
privileges to a special class of workmen. 
I don't see why the workingmen employed by the 
city should be treated as a special class, or treat- 
ed differently irom any other class of workmen. 
I believe it should be considered that the city em- 
ploys laborers just as any private corpora- 
tion employs them. It will be establishing a bad 
precedent, and acting upon a wrong principle, to 
treat them differently and as a special class, en- 
titled to privileges which other workmen do not 
have. I therefore hope the motion for reconsid- 
eration will prevail. 

Mr. Morgan of jWard 15— Mr. President, the 
gentleman from Ward 9 has not used an argu- 
iiient in favor of the reconsideration of this order 
that was not made at the last meeting. The pur- 
port of the order was to give the laboring man a 
holiday without the sacrifice of his perquisites. 
It is a well-known fact that every salaried ofHcer 
is paid for his time if he gets a holiday on the 
22a ot February. We want to put the laboring 
man on the same footing with the salaried man. 
I hope the reconsideration will not prevail, al- 
though it will not help the poor man, as it has got 
to go to the Boaid ot Aldermen on JVIonday next, 
and the 22d of February is on Saturday. 

Mr. Rosnosky of Ward 16—1 don't see any ne- 
cessity for making debate on this matter. It is 



114. 



COMMON COU'JSfClL 



now too late, as the gentleman said. The gentle- 
man simply wants to kill the order. The gentle- 
man from Ward 9 says he has made inquiries and 
flnds tbat they always get a holiday. They do on 
their own pay, and they don't get paid for it. I 
would like the gentleman from Ward 25 to bring- 
in his order to cover all those gentlemen who get 
four or five thousand dollars. They are not 
looked upon in this matter. Ishould be in favor of 
having this motion reconsidered, but it will do no 
good as it is now. The 22d of ifebrnary is next 
Saturday, ana you can't pass ir in the Board of 
Aldermen until next Monday. But I shall intro- 
duce an order tbat the laboring men have a holi- 
day on all legal holidays without loss of pay, and 
then gentlempin will have a chance to fight it. 

Mr. Christal of Ward 8—1 was surprisea to hear 
the gentleman from Ward 9 say that the laborers 
employed by the city were a privileged class. I 
stand here as a laboiing man Having received 
imy pay on holidays. It is a customary 
thing to give the laborers a holiday, and 
not take it irom their salaries. I cannot see why 
he should be so much interested in this matter, 
particularly as tbe holiday falls on Saturday. It 
will give the laboring men an opportunity to 
make some little purchases that they would not 
have an opportunity to do for years. I look upon 
it as cheating the poor laborer and depriving him 
of something be ought to have. 

Mr. Swift of Warti 9— My remarks were not un- 
derstood. 1 was informed by the heads of de- 
partments that it was always customary to give 
their laborers a holiday on legal holidays, and not 
make any deduction from their pay. 

Mr. Ro'snosky— I would ask whether the gentle- 
man trom Ward 9 made inquiries at the South 
End or tbe West End yards, anci whether the la- 
borers get any pay on a holiday. I think the 
gentleman made a mistake. The heads of depart- 
ments intended their remaiks for their clerks in 
this building. 

Mr. Stearns of Ward 24—1 think the gentleman 
from Ward 16 let the cat out of the bag when he 
said he should give notice that the workingmen 
employed by the city sbould have the Fourth of 
July and every holiday without loss of pay. That 
was to follow if this is carried. Th3 idea is to get 
something for nothing. 

Tbe mction to reconsider was lost. 

CLAIMS. 

Mr.BrawIey of Ward 19 submitted the follow- 
ing from the Joint Committee on Claims : 

Reports of leave to withdraw on the petitions 
of Rachel Borustein to be compensated for inju- 
ries received by a fall on Salem street; and Zel- 
pha E. Thayer "to be compensated for persona! io- 
]uries received on Hanover street. Severally ac- 
cented. Sent up. 

EEMOVAL OF SNOW FKOM SCHOOLHOUSE YAKDS. 

Mr. J.J. Doherty of Ward 2 submitted a re- 
port from the Joint Committee on Health on the 
order in regard to the removal cf snow from 
schoolhouse yards — that it is inexi^edient to take 
any action respecting the same for the reason 
that the men and teams are fully employed on 
work required by the Department ot Health, and 
the removal of the snow would make it necessary 
to employ extra teams for the city, is the 
schools are under the charge of the School Com- 
mittee, with an appropriation for the work, it 
would seem that the work more properly belongs 
to the Department of Public Schools. The report 
was accepted. Sent up. 

PUBLIC PARKS. 

Mr. Ward of Ward 21 submitted the following: 

The Committee on Public Parks, to whom was 
referred the fourth annual report of the Park 
Commissioners, beg leave to report in part at this 
time in relation to the subject of Bussey Farm 
and Arnold Arboretum (referred to on page 9 of 
said report), and in order that the necessary pre- 
liminary steps may be taken in the matter the 
committee would respectfully recommend the 
passage of the accompanying order. 
For the Committee, 

Francis J. Ward, Chairman. 

Ordered, That the Board of Park Commission- 
ers be and they are hereby authorized to enter in- 
to a convention with the corporation of Harvard 
College with relation to the laying out of the 
Arnold Arboretun>, as proposed in their fourth 
annual report; said commissioners to report 
thereon, with plans and details, to the City Coun- 
eil. 

The order was passed to a second reading. 



The President — Inasmuch as this order contem- 
plates the furnishing of plans and details which 
may cause some expense, unless there is asuspen- 
sion of the rule, it will have to go over to the 
next meeting. 

Mr. Parkman of Ward 9—1 should like to move 
a suspension of the rule in order that this order 
may take its passage this evening. In doing so I 
would like to call the attention of the Council to 
this order, so that, when the question comes up 
later in the year, the members will have had their 
attention drawn to the same. Ir the members of 
the Council will look at, the Park Commissioners' 
report (City Doc. 15), on page 9, they will see that 
the commissioners have recommended entering 
into a convention with Harvard College in regard 
to the Arnold Arboretum. Harvard College owns 
about 300 acres of land near Forest Hills, in this 
city, and — 

The President— The Chair would remind the 
gentleman that he is out of order, as the question 
is now upon the suspension of the rule. If the 
rule is suspended the main question will be upon 
the passage of the order, and the merits of the 
subject can be discussed. 

Mr. Brawley ot Ward 19—1 hope the rule will be 
suspended, in order that the question may come 
before this Council tonight, I would like to hear 
a little more about it. 

At the request of Mr. Wheeler of Ward 10, the 
President read the order for information. 

The rule was suspended and the order was read 
a second time aud put upon its passage. 

Mr. Parkman ot Ward 9—1 hope this order will 
be passed. As I said before, it has been recom- 
mended by the Park Commissioners in their an- 
nual report; and I hope to say a few words which 
will show the advantage of it to the city ot Bos- 
ton. Harvard College owns about three hundred 
acres of land near Forest Hills station on the Bos- 
ton & Providence Railroad. In the bequest o 
a Mr. Arnold a large sum of money was left to the 
college to be used in planting tieesand shrubs 
and all plants which would grow in the New Bug- 
land climate. By the terms of the will the money 
was to accumulate until it reached a certain 
amount. It has now reached that point, and the 
college has to decide how it will use its bequest. 
There are two plans which the college can take. 
By the terms of the bequest the college is pro- 
hibitea from using any of the money of 
the bequest for laying out the grounds 
for drives or ways or anything of that 
description. But the college are natural 
ly anxious that the advantages ot this 
arboretum and this tract of land shall be freely 
open to the city of Boston. It is therefore pre- 
pared, if the city of Boston is ready to concur 
with them, to make such plans as will enable the 
public to enjoy this beautiful place. Plans have 
already been prepared by Mr. Olmstead, a well- 
known surveyor of New York, by i; hich this beau- 
tiful tract of land can be laid out with driveways 
through it, thereby enabling all the citizens of 
Boston to enjoy it. The reason why it is neces- 
sary to enter upon the subject now is, tbat the 
amount of money— which is nearly a hundred and 
lify thousand dollars— has reached a point where 
the college must decide how they shall lay it out. 
They are prohibited by the terms of the will from 
laying it out for ariveways or anything of that 
sort; but if the city of Boston will join with them 
in laying it out, they are anxious to throw it 
open to the citizens of Boston. The present order 
does not contemplate any large expense. It mere- 
ly authorizes the Park Commissioners to make 
some agreement with the college and report back 
to the City Council, andjthen the City Council can 
take such action as they please. 

Mr. Wheeler of Ward 10— This matter appears 
to be the first step towards an expenditure which 
may be quite large, looking perhaps in the direc- 
tion of parks. Now, I am tboroushly opposed to any 
thing which looks toward parks. Before taking 
this first step I would like some further informa- 
tion, although it has been statedthatthisfirststep 
will involve only a slight expenditure. As it ap- 
pears to me, now, I hope the naatter will not be 
pressed tonight, but that it will be assigned to 
the next meeting of the Council. 1 am not pre- 
pared to say I should oppose it, but I am very 
sure I should be inclined to oppose it if it is going 
to involve us in even a not very large expendi- 
ture. If it be in order, I would move the special 
assignment of the matter to the next meeting of 
the Council at a quarter to nine o'clock. 

Mr. Morgan ot Ward 15—1 hope this motion to 
■ specially assign will prevail. This order involves 



FJEBKUABY 20, 1879 



115 



quite a large sum ot money, and while there is no 
doubt of the tact that it will improve the vicinity 
of Harvard College, and the trustees would liue 
very much to see the improvement made, still 
Harvard College will not bo ruined if this order 
lays over for a week. 

Mr. Ward of Ward 21—1 would state for the in- 
formation of the members ot the Council that this 
order does not in any way commit the city. The 
Park Commissioners simply ask the privilege of 
conterrino; with the trustees ot Harvard College 
upon this subject. The city is not in any way 
committed. They simply ask that they may have 
the privilege ot" having a conference with the 
trustees. The city is in no way committed. There 
is no appropriation ot money needed, or anything 
of that sort. 

The President— The Chair begs leave to call the 
attention of the committee to ooe word in the or- 
der,which is, "that the commissioners are author- 
ized to enter into a convention with the trustees 
of the college." A doubt seems to arise in regard 
to the meaning ol the word "convention." Perhaps 
if no objection is made, the committee will ex- 
plain the meaning ol the word convention, and 
that may save a portion of the debate. 

Mr; Parkman of Ward 9— The intent of that 
word in the order is that the Park Commissioners 
shall merely have a conterence with the corpora- 
tion of Harvard College and report back to the 
City Council some plan by which these lands can 
he mutually enjoyed. It is cot the intention that 
the Park Commissioners shall bind the city in any 
way. In fact, the order specially declares that the 
whole matter shall be referred back to the City 
Government, and whatever plans they may, with 
the corporation ot the college, see tit to propose, 
they will be laid before the City Council tor their 
acceptance or rejection. 

Mr. Rosnosky of Ward 16—1 for one should like 
to have it assigned to the next meeting of the 
Council. I am not ready to vote upon It. First 
of all, I think we have got land enough on the 
Back Bay for parks, and it there is any money to 
be spent in paiks we should spend it there. I 
thinK the i'ark Commissioners have power now 
to go and consult with the trustees of Harvard 
College if they want to. It seems to me they 
only come here and ask us to jiut one foot into 
it, and then draw us into it. It seems to me if 
the Park Commissioners want to take twenty 
acres of lard out to the Highlands, it may be a 
good thing for Harvard College, but I should op- 
pose it for the city of Boston. The committee say 
it wont amount to anything. It is a hundred 
and fitty thousand dollars— a very small matter. 
I should like to have it laid over so that we can 
make inquiries. It ought not to be passed here 
this evening. They cannot go to work and com- 
mence to lay out parks at this time of the year. 
They will have to wait until the spring. 

Mr. Mowry of Ward 11— In response to the 
President's suggestion about the word '-conven- 
tion,"! suppose the committee followed the phrase- 
ology of the report of the commissioners, in which 
they made use of the word "convention." I would 
like to ask the gentleman opposite it he had any 
idea of the expendiiure this order contemplates, 
and whether it would not be better to insert seme 
definite amount that they could not go beyond — 

Mr. Parkman— The expense contemplated by 
this order would toe slight. It anything, it would 
be a plan of the pioposed improvement out there. 
It is not proposed by this order to commence the 
work on the park, but only that the commission- 
ers shall report some plan by which the citizens 
of Boston shall be enabled to enjoy this priv- 
ilege. 

Mr. Biawley of Ward 19— In order that the mo- 
tion may be put to the Council, as it escaped the 
attention ot the Chair, I now move that the sub- 
ject be specially assigned to the next meeting of 
the Council at a quarter before nine o'clock. 

The President— The Chair understood that to 
be the motion ot the gentleman from Ward 10. 

Mr. Brawley— I think it was suggested that the 
Chair had not stated it to the Council, and in or- 
der to do so I moved it be assigned to the next 
meeting at a quarter before nine, as we have an 
assignment at half-past eight o'clock. 

The President stated the question. 

Mr. Brawley— My reasons for favoring the spe- 
cial assignment are, I understood from the Park 
Commissioners' report that the principle to be 
considered was a plain one, and the commission- 
ers have gone into a very elaborate ex|jlanatiou 
as to why the playgrounds should be provided for 



the boys of the city. . Now, that report means 
nothing more nor less than a park, and if it is the 
intention ot the commissioners to call for a new 
park, I certainly hope this order will be assigned 
and very careiully considered before the next 
meeting, as we have about as much park as we 
can very well take care of at present. Members 
may come here next Thursday evening prepared 
to debate the question belore tliey are called upon 
to vote. 

Mr. Shepard ol Ward 1— I do uot oppose this 
motion to si.ecially assign. While I think the 
matter might well be passed touight, still, it any 
one wishes It specially assigned I shall vote tor it. I 
do not want auybody to labor under a misappre- 
hension. It has been stated thacthis matter will be 
an improvement to Harvard College. It is not 
situattd near the college. Neither is it proposed 
to purchase twenty acres of land. It is proposed 
to take this 300 acres ot land and give it tor the 
benefit ot the city on certain conditions. They 
are bound by their bequest not to spend any 
mcuey in laying out driveways, and it is proposed 
to act in conue'ction with the city so that the peo- 
ple can have the benefit of the grounds. Still, I 
hope the luotion to Essign will prevail. 

Mr. Sibley ot Ward 5— Parks are very desirable 
it we can afford to have them. But I don't wish 
to vote for anything that is an entering wedge for 
the expenditure ol a large amount of money. We 
have one park, and it is a pretty big thing. Hut 
we have got to make the land first, and 
lay out the park alterward. No doubt this 
would be very convenient and nice to 
help Harvard College; but the question is 
dollars and cents. This is simply an en- 
tering wedge. It looks very well. But if we gel 
these scientific men on there they will make it a 
very nice job, and as neat as a parlor with a 
Brussels carpel. But economy is not to be lost 
sight of. I don't think we need any new drive- 
ways. There are fine driveways all round 
Boston. And who is going out from the 
thickly-settled portion ot the city to where 
this is located ? The residents ot the most 
populated portion of the city look at the dis- 
tance. I consider this merely an outlay ot money 
that we are uot justified in voiing. I have no ob- 
jection to the conlerence, but it will be very 
plausible and some will say it is a very nice thing 
and we will all vote lor it. I do not intend to 
vote for one dollar this year unless it is actually 
necessary. 

Mr. Barry of Ward 22— It has been said that the 
convention in relation to this park does n't in- 
volve the expenditure of any money. The com- 
missioners say on page 9 — 

j"The commissioners therefore suggest that the 
city should buy these twenty acres and transfer 
the control of embellishments of such portions as 
are not required lor driveways to the University, 
taking in exchange the use of other lands within 
the estate for its purposes." 

Now, sir, that means on the face of it that the 
city ot Boston, if it should decide to go into this 
scheme, would have to buy twenty acres of ground 
and give it to Harvard College in return tor other 
grounds. In relation to this Arnold farm, I under- 
stand that Harvard College has got an elephant 
on its hands and they now come in and ask the 
city of Boston to help them out. On the next 
page the commissioners say — 

"The commissioners are of the opinion that the 
authorities of the university are ready to cooper- 
ate with the city in adopting a plan for laying out 
the estate by which the citizens should etjoy the 
use of certain portions for driveways, walks, etc., 
provided sutBciently stringent agreements are 
made by which the trusts imposed upon the uni- 
versity are properly protected." 

Now', sir, that ground is to be devoted to scien- 
tific purposes, and it is fair to presume that the 
Harvard College professors would make such re- 
strictions that I doubt if any citizen of Boston 
would want to take a walk out to Bussey farm 
and its vicinity. It shows on the face of it that 
it is committing the city of Boston to buying 
twenty acres of ground. 

Mr. Ward of Ward 21-1 must say that the main 
question is not belore the Council. The order asks 
for a conference between the ttustees of Harvard 
College and the Park Commissioners. When they 
have had the conference, and the plans and speci- 
fications are returned to this Council, then will be 
the time for us to discuss the main question. I 
hope the motion to specially assign will not pre- 
vail, tout that the order will pass, this conference 



116 



comm:on council 



bad, and the plans and details placed before the 
Conncil, wnen I hope we shall discuss the main 
question faithfully. 

Mr. McGaragle of Ward 8— This is no new sub- 
ject to this Urauch of the Government, more es- 
pecially to those who have bten here a year or 
two. 'i'wo years ago it was contemplated aoa 
offered by Harvard University to obtain this 
thirty acres or land in We>t Roxbury as an exper- 
iment for the cultivation of trees, it was strong- 
ly urged and would have been carried at that 
time bat tor this tact: It came late in the sea- 
son and they asked for an appropriation of $2000 
to make the experiment with, but the Govern- 
ment did not see tit to grant it at that late season. 
1 don't understand thac this order contemplates 
the expenditure ot a dollar, else I should favor 
having it go over. As I understand the order 
before the Council tonight, it is this: By the 
bequest of one Arnold, Harvard College 
is in possession of 300 acres of land in 
West Roxbury. That land wa^ given to 
them to be laid out not exactly in the nature of 
a park, but as a place to experiment on the culti- 
vation of trees aud shrubs, or something ot that 
nature. I cannot go into this matter as well as 
some others, but 1 think that is the substance of 
it. The money bequeathed by Mr. Arnold has ac- 
cumulated to such proportions now— and it has 
arrived at that stage to which the donor intended 
it should ariive at before they took any stejDS 
toward laying out this land in the cultivation of 
trees — anu u order to utilize that money, they 
are williug to give it to the city of Boston, which 
is to furnish twenty acres in addition to that, tp 
make it more beautiful in the surroundings, antl 
more in conformity with their ideas of how it 
should be laid out. The twenty acres of land are 
to be donated in the f^ame way as a part of this 
purchase. But there is no expenaiture here. It 
is merely an order to give the commissioners 
power to act in connection with the trustees of 
Harvard College, to see what they desire and 
require, and then they are to come back 
and report to this City Council. As 1 
understand it, they have not authority to spend 
one cent. But they ask for authority to go out 
there as agents of the city to get the idea of the 
trustees of the college what they desire and what 
the expense would be, and then come back and 
report to this Government, when, it we see fit to 
adopt their report, they can go ahead and make 
the expenditure, ard ff we don't, that is the end 
of it. There is no authority given under this order 
to spend one dollar. I don't object to the special 
assignment, as this order may as well be acted 
upon a week hence as tonight. There is no baste 
about it. There is no power under this order to 
expend one cent. If they can add any beauty to 
the city of Boston, even in West Roxbury, so that 
the people can enjoy the benefits, without a large 
expense, I should favor it The principal items 
of cost, as proposed two years ago^ were the light- 
ing and police, and if we don't feel like paying 
for that when we get the report ot the commis- 
sioners we can stop it. We tiive them no author- 
ity to spend any money, not even their car lares. 

Mr. Coe of Ward 23—1 believe the gentleman 
last up is about right in this matter. I would re- 
mind the Council that we have one special assign- 
ment for next Thursday evening which is likely 
to occupy an hour, at least, if we are as long 
counting ballots as we have been on the last two 
nights. The order has been well explained by 
the gentleman from Ward 8, and the general sub- 
ject is not now in shape tor us to consider at all. 
What the Park Commissioners desire is that they 
may confer with the Harvard College trustees, 
and proper plans submitted to us so that we may 
consider it. I think we are as well prepared 
to vote for this order cow as we will be a week 
from now. 

Mr. Christal of Ward 8—1 move the previous 
question. 

The President— That cannot be entertained. 
The motion to specially assian takes precedence. 

Mr. Cavanagh ot Ward 15 — I move that the 
whole subject be indefinitely postponed. 

The President— That does not take precedence 
of the motion pending, which Is to specially 
assign. 

The motion to specially assign was declared 
lost. 

Mr. Morgan of Ward 15 doubted the vote, and 
called for a verification by a rising vote. 

The Council was divided, and the motion was 
lost— 21 for, 42 against. 



The question then came on the passage of the 
order. 

Mr. Rosnosky of Ward 16 moved to lay on the 
table. Declared lost. Mr. Rosnosky doubted the 
vote, and called for the yeas and nays, which the 
Council refused to order. 

Mr. McGaragle of Ward 8 iu the chair. 

Mr. Whltmore of Ward 12— Mr. President, the 
motion I propose to make- 
Mr. Rosnosky of Ward 16— Mr. l*resident, I — 

The Chair — The gentleman is out of order. Mr. 
Wbitmore of Ward 12 has the floor. 

Mr. Rosnosky— I rise to a point of order. I 
would like to Know which gentleman is out of 
order? 

The Chair— The gentleman from Ward 16 is out 
of order. Mr. Whitmore has the floor. 

Mr. Whitmore— I move to strike the words 
•'enter into a convention" and insert the word 
"confer." 1 cannot understand what is meant by 
entering into a convention. Jt may imply a great 
deal more than lo confer. It they wish to simply 
confer with the trustees of Harvard College I am 
willing that they should do so. I therefore make 
the motion 1 do. 

Mr. .Morgan of Ward 15-When 1 spoke last 
upon this question I was under a misapprehen- 
sion as to the wording of the order. Now I un- 
derstand it, and have also read the reference to 
the subject on page 9 of document 15. 1 see no 
reason wby we should give the Park Commission- 
ers any authority in relation to tlis matter if the 
action proposed" is with an eye to the purchase 
ot that land. I can see no reason for such action 
in the matter. 

Mr. Brawley of Ward 19-In order that the 
members ot the Council may not wander from 
the point I would respectltiUy ask the Chair to 
state the question before the House. 

The Chair— The que.stion is upon the amend- 
ment ot Mr. Whitmore of Ward 12. 

Mr. Brawley— ft seems, alter all, there was good 
reason for the special assignment of the order as 
originally intioduced. Now, the motion has been 
made, and the question before the Council is, to 
strike out "enter into a convention," and insert 
"confer"; and before asking the Council to vote 
on that question, 1 hope the interpretation ot the 
two terms will be very clearly elucidated, so that 
we may not vote lor anything which may cause 
an expenditure of money or bind us to a contract. 
I hope we will be fully informed as to the mean- 
ing ot those two phrases. 

Mr. Ward of Ward 21— As chairman ot the Com- 
mittee on Parks, I would say I accept the amend- 
ment offered by the gentleman from Ward 12. 

Mr. Whitmore — I am not aware that there Is 
anv special recondite meaning attached to the 
term. In political circles, a convention is sup- 
posed to be something more and greater than a 
caucus, for example- and as gentlemen here ob- 
ject to caucus proceedings, I suppose they would 
dislike to have the city go into a conven- 
tion with Harvard College. In regard to 
conferring, there is no special meaning I 
can attach to the word, exceptgthat if they con- 
fer with the trustees of Harvard College they can 
hardly do anything except to report back to the 
Council, as I hope we shall do when we confer 
with a committee ot the Board ot Aldermen in 
regard lo the election of certain officers now up- 
on the table. I understand the meaning of the 
committee was that the commissioners are to con- 
fer with the trustees of Harvard College, but not 
to enter into any negotiations which would com- 
mit the city to anv expense. 

The amendment of Mr. Whitmore was accepted 
and the question was upon the passage of the 
order as amended. 

Mr. Lauten ot Ward 14-1 think I can see a little 
daylight in this matter. 1 presume the Park Com- 
missioners have authority to confer with the trus-, 
tees of Harvard College; but in order to prepare 
plans that will involve an expenditure, and it we 
give them authority to go there and enter into 
any agreement and draw plans, which it is pro- 
posed to do, why of course we will have to pay 
for it. I presume this is the object and I cannot 
see any other reason tor it. 

The Chair read the report of the committee, 
and said— Under the order they are required to 
report back to the City Council before any ex- 
penditure of money can be made. 

Mr. Rosnosky— I would ask the chairman of the 
committee whether the Park Commissioners have 
a fund for incidental expenses which they can 
use? 



FEBRUARY 30 



1879 



117 



Mr. Ward of Ward 21— They have an appropria- 
tion which they can use in making p)an and pro- 
file. 

Mr. Rosnosky— I should oppose any of those or- 
ders, and I claim that it should be specially as- 
signed. 

The Chair— The question is upon the passage of 
the order. 

Mr. Rosnosky— I know it is the passage of the 
order and I shall oppose it. If we pass the order 
this evening we shall have a bill brought in here 
to pay it. 

Mr. Barry of Ward 22—1 spoke before for the 
special assignment of this question, and looking 
at the statute on page 587 I see the tremendous 
power given to the Park Commissioners. They 
have power to take land for parks anywhere with- 
in the city limits. Now, it looks to me, if we go 
to work and give the Park Commissioners power 
to confer with the trustees of Harvard College, 
we might unwittingly put our feet into it. There 
is no special reason mentioned why we should 
have a convention with them. If it lies over for a 
week, we can find whether it will involve the city 
in any expenditure. I know very well that by 
the same clause of the act no money can be spent 
except by a two-thirds vote of the City Council; 
but knowing that the commissioners have power 
to locate lands for parks within the city of Bos- 
ton, I don't want to see it passed tonight! I hope 
it will be specially assigned to next Thursday 
evening, when we can vote intelligently. 

Mr. Ward of Ward 21 — There is no expenditure 
contemplated. It was expressly understood in 
the committee that if this conference was had, all 
the plans and specifications should be submitted 
to the City Council, and that they already have 
money for this purpose. 

The Chair — By the latter part of the section just 
quoted by the gentleman from Ward 22 no land 
can be taken until an appropriation of money suf- 
ficient to cover tbe expense has been made by the 
City Council. 

Mr. Barry— To persuade a man against his will, 
he is of the same opinion still, 1 am sorry to 
doubt the committee, but it only seems reasoaable 
that this matter shoula not be passed tonight, and 
we get the opinion of the City Solicitor. Kotwith- 
StandiDg it does not involve the present expendi- 
ture of any mouey, I am still in doubt about its 
going to commit the city to a large expenditure 
in the future. 

Mr. Colby of Ward 18—1 suppose the Park Com- 
missioneis have H right to confer with the trus- 
tees of Harvard College or any other commis- 
sioners, and I would ask the chairman of the 
committee why they come here and asfe for 
authority to have this conference. 

Mr. Ward— Because they suppose, as a commis- 
sion, they did not have the right to hold a con- 
ference with these trustees without coming here. 

Mr. Chnstal moved the previous question. 

The President in the chair. 

The main question was ordered. 

On motion of Mr. Barry, the yeas and nays were 
ordered on the passage of the order. 

Toe order was passed— yeas 42, nays 28. 

Yeas — Messrs. Anthony, Austin, Blakemore, 
Bowker, Brown, Clapp, Coe, Colby, Costello, Dev- 
lin, J. Doherty, Dudley, Fisher, Greenough, Han- 
cock, Hart, Healy, Howard, Kendricken, Lauten, 
•Locke, Maguire, McGaragle, Mowry, Mullane, 
Nason, Parkman, Perkins, Plimpton, Rust, H. N. 
Sawyer, N. Sawyer, Shepard, Stearns, Sweeney, 
Sweetser, Swift, Taylor, Ward, Wolcott, Woolley, 
Wyman-42. 

Nays— Messrs. Barry, Brawley, Bunten, Cannon, 
Cavanagh, Christal, Denney, Devine, C. F. Doher- 
ty, J. J. Doherty, Furlong, Hayes, Plilton, Kelley, 
Kidney, Lovering, McGahey, McLaughlin, Mor- 
gan, Morrison, Murphy, O'Brien, O'Dowd, Pray, 
Rosnosky, J. A. Sawyer, Sibley, Wheeler— 28. 

Absent or not voting — Mr. Brintnall. 

DISPOSITION OF CITY INCOME. 

Mr. Locke of Ward 14 submitted the following: 
The Committee on Finance, to whom was re- 
ferred so much of the Mayor's address as relates 
to finance, having duly considered the recommen- 
dation contained therein, that all moneys received 
from sales of real estate, from payments on ac- 
count of notes or bouds, or from betterment 
assessments now payable to the commis- 
sioners on the Sinking Funds, and applied to the 
reduction offthe city, debt be kept in the treasury 
for such purpose as the City Council may order, 
would respectfully report, that while we indorse 
these recommeudations aB containing the true 



financial policy touching these revenues, we find 
upon examination that the commissioners have 
made their investments in city of Boston 
bonds predicated on receiving the revenue in 
question this year. These investments, made and 
to be completed, are loans which the City Council 
of 1877 and 1878 required should be taken 
by the coaimissioners, and such loans cancelled 
by certain revenues speciliea in the order creat- 
ing the loans which the City Council made pay- 
able to them for chat purpose. Your committee 
find that in consequeDce of these iiivestments. 
that the revenue irom betterments, etc., will be 
required this year to be used toward meeting the 
payment of thriee million six hundred and eighty- 
two thousand dollars of debt which becomes due 
in January, 1880. Your committee, in the present 
condition of things, would, therefore, recommena 
that no action be taken on the subject at this 
time, but they ask leave to make further report 
in the premises hereafter. 

For the committee, 

John H. Locke. 

Mr. Coe of Ward 23—1 wish to say I was not 
able to be present at the meeting at which that 
report was adopted, and while I concur in the 
conclusions to which the committee have come, 
yet I do not concur with them in one point in the 
preamble. I think that moneys received from 
betterments and widening of streets, provided 
the original amounts were raised by taxation, 
should, as stated there, go intr tlie treasury. But 
if the amount reauired for widening any street is 
acquired by the sale of bonds, I think the money 
received from such widenings should go to the 
Sinking Fund Commissioners for the reduction of 
the city debt. I state that in justice to myself. 

The report was accepted. Sent up. 

TEANSPOKTATION FOR PERSONS TAKEN ON PRO- 
BATION FROM THE COURTS. 

Mr. Kidney of Ward 6 submitted the following: 

The Joint Standing Committee on Police re- 
spectfully call the attention of the City Council 
to a portion of the report of the Police Commis- 
sioners for December, 1878, which reads as fol- 
lows: 

"The officer appointed ui der an act of the last 
Legislature to attend the criminal courts and 
recommend for probation such as may be refoim- 
ed, submits the following recommendation in his 
report for the last quarter: 'Believing that per- 
sons sent out from the criminal courts into the 
streets of a great city without home, employment 
or means, with po friend to counsel or ericourage, 
have a poor chance to improve. I have used every 
means at my command, and with some success, to 
secure employment for such as were placed in my 
care, and have improved my leisure tinje in visit- 
ing them at their homes and requiring them to 
visit me at my office. In many cases, young per- 
sons of both sexes come here from the country to 
seek employment, with no purpose but to obtain 
an honest living. Inexperienced as they are in 
city life, they easily fall victims to temptation; 
or, perhaps, driven into the street from want, be- 
fore they are aware of the magnitude of their 
mistakes, they find themselves in the criminal 
docks, without friends or means; and were it not 
tor the humane discretion of the Court, they 
would, ere long, be undergoing penal servitude in 
prison. Such are some of the cases placed in my 
care to send to their homes ; and some that had no 
means have been sent at my own expense. The 
statute provides that the City Council may appro- 
priate money for this purpose. If a small sum 
was set apart for such use it would be in the in- 
terest not only of humanity but of economy for 
the city, as the expense would be less than pro- 
viding for them in prison. The commissioners 
approve the foregoing recommentiation, and 
would respectfully ask that an appropriation of 
$300 be made for the purpose." 

Your committee, having carefully considered 
the subject, are of the opinion that the recom- 
mendation should be adopted and the com- 
missioners authorized to expend the sum men- 
tioned. The committee also recommend that so 
much of the above-mentioned report as relates to 
the work performed by the Police Department 
during the year 1878 be taken from the fifes and 
printed. They would, therefore, respecttuUy rec- 
ommend the passage of the following orders. 
For the committee, 

John a. Kidney. 

Ordered, That the sum of $300 be appropriated, 
to be expended as provided in chapter 198 of the 
acts of 1878, for the purpose of sending to their 



118 



COMMON OOrJNClX^. 



homes persons taken on probation, uader the pro- 
visions of said act; said sum to be charged to the 
appropriation for Police. 

Ordered, That so much of the report of the 
Police CotEmissloners for the month of December 
31, 1878, as relates to the work performed by tde 
Police Department during tbe year 1878, be taken 
from the files and printea. 

The report was accepted. The second order 
was read twice and oassed. The first order was 
read twice under a suspension of tbe rule and 
passed. 

Sent up. 

FOURTH OF JULY. 

Mr. Maguire offered an order — That his Honor 
the Mayor, the Chairman of the Board of Alder- 
men, the President of the Council and eight 
members of the Common Council, wiih such as 
the Board of 4.1derm6n may join, be a committee 
to make arrangements for celebrating the 103d 
anniversary of the Declaration of American Inde- 
pendence ; the expense attending such celebration, 
not to exceed $10,000, to be charged to the appro- 
priation for Ineiaental Expenses. 

Mr. McGaragle moved to amend by striking out 
$10,000 and inserting $20,000, to have the amend- 
ment go over with the order. 

The amendment was declared adopted. 

Mr. Wolcott doubted the vote, and called for 
the yeas and nays. 

Mr. McGaragle said he did not desire the 
amendment adopted tonight, but for members to 
consider it with the original order. 



The President said the amendment would go 
with the order in its present stage. 

The yeas and nays were ordered. 

By unanimous consent, Mr. McGaragle was per- 
mitted to withdraw the amendment. 

SUPERINTENDENT OF STREETS. 

Mr. Rosnosky moved to take up the reports 
nominating a candidate for Superintend-ent of 
Streets. 

Mr. Parkman objected, desiring to read the 
evidence taken as to investigation. 

Mr. Rosnosky only desired the report taken up 
and accepted so as to be sent to the other branch, 
and the election would go over. 

The report was taken from the table and ac- 
cepted. Sent up. 

Adjournea, on motion of Mr. Brown of Ward 23. 

[Correction. It should have appeared as a 
part of the record of the previous fneeting that 
the Council accepted the resignation of Mr. Tay- 
lor from the Joint Committee on Health. The 
record of the vote was omitted.] 

[The following paragraph was accidentally 
omitted from the report of the last meeting un- 
der the heading "The Harris Investigation": 

"Mr. Rosnosky of Ward 16 offered an order- 
That the joint special committee appointed to 
nominate a Superintendent of Streets be author- 
ized to report lu print the evidence taken before 
them at the hearings given on the remonstrances 
against the reelection of Charles Harris; the ex< 
pense to be charged to the appropriation for 
Printing." 



BOARD OF ALDERM.EN 



119 



CITY OF BOS TON. 

Proceedings of the Board of Aldernieo, 

FEBR UARY 24 :, 1879. 

Regular meetiug; ac four o'clock P. M., Alder- 
man O'Brien, Onairman, presiding-. 

PETITIONS REFERRED. 

To the Joint Committee on Claims, Petitions 
to be pair! for personal injuries on tlie bighways 
by Gatberine Donovan, John Donovan', John 
Holmes, Anna Maber, Timotby O'Gorman, Fanny 
A. Smith, C. A. Winter, Alary lirube, Georgianna 
Griliin, John B. Lynch, Mary Burke, Margaret 
Mc>.'amee, Mary Reagan. 

To the Committee on Ueattli on the part of the 
Board. John McDenuott, Jr., for leave to occu- 
py a new wooden stable for four horses on 87 
Condor street. Ward 2. 

To the Committee on Survey and iKspec- 
tion of Suilclmffs. Julius Picoct, for leave to 
projecr, a sign at 18 Hayward place. 

Uo the Committee on Cicenses . Patrick E. Mur- 
ray, for leave to run a line of coaches from Ne- 
ponsec, through certain streets, to Upham's Cor- 
ner and return. 

To the Joint Committee on Hublic Lands. Charles 
F. Coffin, to be relieved from payment of a tax of 
1869 upon a lot of land sold by the city to hiai. 

2'o the Committee on Armories. Oorupauy H, 
FiftLi Regiment of Infantry, M. V. M., for repairs 
on their armory on Winthrop street, Charles- 
town. 

To the Com.mittee on Paving. Timothy Ahern, 
to move a wooden buildii)K from Harrisoo avenue 
to Northampton street; N. C. Decker, to be paid 
for grade damages to his estate 300-306 Eighth 
street; William H. Quigley, for license to sprinkle 
certain streets in Cbarle.stown; Patrick Hart, for 
leave ro spnngle certain streets in the Dorchester 
District. 

William Martin and other laborers in Ward 24, 
for an imnrovement in the Paving Department. 

I'o the Joint Committee on Survey and Inspec- 
tion of buildiiigs. W. G. Preston, lor leave to 
erect a wooden building on Roxbury street and 
Shawmut avenue. Ward 19. 

LODGE FOR VAGRANTS. 

A communication was received from the Over- 
seers of the Poor, representing that the bills for 
fitting up the Hawkins-street Schoolhouse as a 
Lodge for Wayfarers has been expended, and the 
bills are slightly in excess of $4000. The money 
has been judiciously expended, but the facilities 
for washing and cleansing should he improved, 
especially the cleaning of garments, which with 
other matters will require about $2000, an ap- 
propriation for which is requested. Referred to 
Joint Committee on Overseers of the Poor Sent 
down. 

BOND APPROVED. 

The bond of Samu'l S. Sherman, constable, be- 
ing presented duly certified, was approved by the 
Board. 

JAIL EXPENSES, 

A requisition was received from the Sheriff of 
Suffolk (bounty for §51219 12 for expenses at the 
County Joil lor February. Approved. 

UNFINISHED BUSINESS. 

Order to pay Jonathan R. Weld, trustee, 
§772.13, lor Hyde Park-avenve damages. Passed. 

Order to pay Otis Shepard f 2500, for East Ches- 
ter-park damages. Passed. 

PAPERS from; the common council. 

Petitions were referred in concurrence. 

Order to grant a holiday without loss of pay to 
all employes of the city except police, firemen 
and ferrymen and others whose services are im- 
peratively needed. Passed in concurrence. 

lieoort (leave to withdraw) eu petition ot Rachel 
Boru'steiu, to be paid for personal injuries re- 
ceived in Salem street. Accepted in concurrence. 

Report, with orders to appropriate $300 for the 
purpose of sending to their homes persons re- 
leased by the courts on probation; also, to print 
the report of the transactions of the Police De- 
partment for 1878. Orders passed in concurrence. 

Report (leave to withdraw) on petition of 
Zelpha E. I'hayer, to be paid for personal injuries 
received on Hanover street. Accepted in concur ■ 
rence. 

Report of Committee on Health that the work 
ot cleaning the snow from schoolhouse yards be- 
longs to the School Committee, who have the care 
of the schoolhouses, etc. Accepted in concur- 
rence. 

Report of Committee on Finance on so much of 



the Mayor's address as relates to that subject, 
and advising uo specific action thereon at this 
time. Accepted in concurrence. 

FIRST assistant ASSESSORS. 

Ou motion of Alderman Stebbins, the Board 
took up the special assignment, viz.— Election of 
First Assistant Assessors. 

A ballot was oruered. Committee — Aldermen 
Stebbins, Viles and Hayden. 

On motion of Alderman Breck, a recess was 
taken until the votes were counted. 
The committee reported as follows: 
Alderman Stebbins — The committee found 
themselves somewhat embarrassed by the tacfc 
that one of the ballots contained thirty-four can- 
didates. Under the ordinary rule they were 
obliged lo throw ii out, so that the whole number 
of ballots was eleven. 

Whole number of votes .11 

Necessary for a choice 6 

Thomas J. Anderson 1 

Theophilus Burr 4 

*Andrew J. Browne 9 

Nahura Cbapin 5 

♦Michael Carney, 172 Salem street 8 

* George A. Comius 9 

*.J ohn H. Duaue 10 

'Joseph L. Drew 6 

* vv"^. W. Dromey 7 

Martin Dowling 4 

Daniel Doherty, 36 Melrose street 3 

-Richard J. Fennelly ; 8 

*.John H. Griggs 6 

*John H. Giblin 11 

Georee W. Kingman 5 

Michael D. Collins, 38 Fieet street 3 

*Thotnas Leavitt, 447 West Broadway 9 

'Horace Loring 9 

*L. Foster Morse 9 

.John McElroy, 16 Clay street 3 

John .J. Murphy, 47 Hudson street 3 

James McMoiTow 1 

*George S. Pendergast 11 

Patrick H.Rogers 1 

*AViiliam N. Starrett 10 

*WiUiani B. Smart 11 

*George A. Shaw 8 

♦Horace Smith, 389 West Fourth street 7 

John B. Shea 2 

'Charles E. Temple 8 

James Teevan, 69 Lenox street 4 

'William A. Wheeler 10 

'George W.Warren, Baldwin place, Brighton. . 8 

'William H. Cuudy 11 

'"William J. Ellis 7 

'Joseph R. Grose 10 

*A. R. Hoideu...._. 9 

John J. Murphy, Ward 4, Oharlestown. 2 

Charles F. McDavitt 2 

'John Pavson, Jr 9 

'Charles JB. Hunting 11 

'Henry Pierce 9 

'George F. Williams 9 

'Gideon "Walker 6 

'William B. Long.... 8 

Michael D. Carney 2 

John Brown '. 3 

'Charles E. Nowell 8 

'Charles E. Grant 10 

P. B. Smith 4 

'John Pierce 8 

Richard B. Smart 2 

Fl-ed Field 2 

Louis Congdon 2 

John F. Bispham 3 

Thomas A. Tallon 4 

H. N.Holbrook 1 

C. J. Spenceley 2 

Walter Harmon 1 

G. F. McConologue 1 

Those marked * were elected on the part of the 
Board. 
Sent down. 

CLAIMS. 

Alderman Stebbins submitted a report from the 
Joint Committee on Claims of leave to withdraw 
on the petition of Thomas W. Dempster to be paid 
tor injuries received on Shawmut avenue. Ac- 
cepted Sent down. 

PUBLIC LA.NDS. 

Aldeimau Stebbins, from the Committee on 
Public Lauds, submitted the following: 

Ordered, That the Collector be and he hereby 
is authorized to remit the tax for the year 1875 
assessed upon the lot of land on East Fourth 
street, the amount ot which is $.54.80, and stand- 
ing in the name of Michael Scanlau, the same be- 
ing shown upon a plan recorded in Book of Plans 
, fiage 142, in the office of the Superintendent of 
Public Lands, said lot of land having baen for- 
feited to the city for breach of the conditions of 
sale. Read twice and v)assed. Sent down. 

BILL of the late M. F- WELLS. 

Aldermen Stebbins offered the following: 
Ordered, That there be allowed and paid to the 
administrator of the estate of Michael F. Wells 



IQO 



BOA^RJD OF AIjU) EK. JVLE N 



me sum of $57.15, for labor and materials tur- 
nished by said Wells to the Fire Departmenc of 
the city of Bostou iu 1873, wUile said Wells was a 
tueinber of tbe City Council of said city; to be 
cfiaraed to the appropriation tor Fire Depart- 
ment. 

Alderman Stebbins — 1 do not know tliattue 
members of the Board are eutiiely familiar with 
this order. The Mayor of the last year's G-overa- 
ment was authorized ro petition the Legislature 
for authority to make payment of this bill. Mem- 
bers are of course aware that Mr. Wells was 
killed in the late disaster on the Old Colony Rail- 
road at Wollaston, leaviui^- his family lu ompara- 
tively destitute circumstances, so that even the 
payment of this small bill will be a great advan- 
tage to them. There i~ no reason' why the bill 
should not be pai^i, tlie Legislature having grant- 
ed full authority to the city to nay tbe s>ime, tbe 
services having beeii rendered" wiiile Mr. wells 
was a member of the City Council, and it being 
necessary to apply to the Legislature for that au- 
thority, the autbority to make tbe payment hav- 
ing been granted by tne Legislature, cliis order is 
to make the paymeut. 

On motion or Alderman Stehbins, tne order was 
read a second time and passed. Sent down. 

PAVING REPORTS AND ORDERS. 

Alderman Slade submitted the following Irom 
the Committee on Paving: 

Ordered, That the assessment of $18.59 against 
Albert Morse for edgestones on Codman park be 
and the same i? hereby abated, and that said sum 
be assessed upon Emery S. Wilbur, who is the 
owner of the estate in front of which said edge- 
stones were furnished. Read twice and passeci. 

Report that James Galligan have leave to move 
a wooden building from Wintbrop street to Ben- 
nett street, Ward 25; and that i'imothy Ahem 
have leave to move a wooden building from Har- 
rison avenue to Northampton street. Severally 
accepted. 

Report recommending reference to Committee 
on Common of petition of Patrick O'Brien, to 
place a box around a tree in front of 206 Marginal 
street. East Boston. Accepted and referred ac- 
cordingly. 

LICENSES. 

Alderman Flynn submitted reports from the 
Committee on Licenses as follows: 

Minors' Applications Granted— One bootblack, 
twenty-nine newsboys. 

Severally accepted. 

REPORTS ON STEAM ENGINES. 

.4lderman Pope submitted reports from the 
Committee on Steam Engines in favor of grant- 
ing the petitions to locate and use steam engines 
by G. W. & F. Smith on Furnace street, and Cobb, 
Bates & Yerxa at 692 Washington street. Sev- 
erally accepted. 

PERMIT FOR STABLE. 

Alderman Bell submitted a report from the 
Committee on Health on the part of the Board, 
that leave be granted to Frank Ferdinand to oc- 
cupy a stable at 19 "Warren street. Accepted. 

ARMORIES. 

Alderman Flynn submitted the following from 
the Committee on Armories: 

Ordered, That the allowance for rent of armory 
of Company E, Ninth Regiment of Infantry, M. 
V. M., at the corner of Harvard and Washington 
streets, be discontinued from and after .March 
1,1879; and tdat the sum of eight hundred dol- 
lars per aunum be allowed for the rent of armory 
for said company at John A. Andrew Hall, at the 
corner of Chauncey and Essex streets, beginning 
March 1, 1879, and continuing until otherwise 
ordered ; to be charged to tbe appropriation for 
Armories. Read twice and passed. 

Ordered, That the armory heretofore occupied 
by Company A, Fifth Regiment of Infantry, M. 
V. M., in the city building on Elm street, Charles- 
town, be discontinued from acd alter March 1, 
1879, and that the sum of seven hundred dollars 
per annum be allowed for the rent of armory for 
said company at Congress Hall, 358 Main street, 
Chaiiestownil bejiinniog March 1, 1879, and contin- 
uing until otherwise ordered; to be charged to the 
appropriation lor Armories. Read twice and 
passed. 

INSPECTION OF BUILDINGS. 

The annual report of the Inspector of Buildings 

(City Doc. No. 23) was received and sent down. 

The number of permits that have been is- 
sued during the year tor brick, stone, and 
iron buildings 187 

The number of permits issued for wood and 
frame buildings 473 

The number of permits issued to erect 



sheds situate upon wharves within the 

building limits ot the citr 23 

The number of buildings for which permits 
have been Issued to have additions built 
to them or to have alterations and repairs 
roade upon them 2,191 

The number of steam engines and steam 
boilers for which permits have been issued 
to set 166 

The number of ovens tor which permits 
have been issued to build . 49 

The number of furnaces 29 

The number of kettles, roasters, etc 40 

The number of notices received of intention 
to put in heating apparatus 346 

The number of street signs, lanterns and 
transparencies examined 27 

The number ot buildings upon which de- 
tailed reports have been made with refer- 
ence to fire-escapes, and means of egress.. 1,173 

The number of buildings examined that 
were damaged by Hre 323 

The number of hoistways examined 70 

The number of iiermits issued to occupy 
streets for building purposes 1,102 

The number of buildings, walls, etc., report- 
ed to be in an unsafe condition 230 

The number ot chimneys reported unsafe. . 505 

The number of detective flues 42 

The number of unsafe heating apparatus. . . 96 

The number of buildings reported as being 
defitient in means ot egress and flre-es- 
capes 219 

The number of violations reported 1,074 

The number of cases referred to the City So 
licitor 8 

The number of brick buildings completed 
during the year 210 

The nuiiiber of wooden and frame buildings 
comnleted 421 

The number of buildings upon which com- 
pleted alteration has been made, and to 
which additions have been built, and upon 
which repairs have been made 1.968 

The number of steam engines set, and fur- 
naces and ovens built 232 

The number of heatiug apparatus set 342 

The estimated cost of completed brick 
buildings 82,628,225 

The estimated cost of completed wood and 
frame buildings S819,430 

The estimated cost of completed additions, 
alterations and repairs g852,333 

The estimated cost of steam engines, steam 
boilers, and the building of ovens, fur- 
naces, etc , $134,337 

The estimated cost of heating apparatus 
set 856,712 

The estimated cost of securing unsafe 
buildings, unsafe walls, unsafe founda- 
tions, etc 837,684 

The estimated cost of protecting hoistway 
openings 82,647 

The estimated cost of securing dangerous 
chimneys 86,900 

The estimated cost for providing fire escapes 
and additional means of egress 88,191 

The number of examinations that have been 
made 19,470 

The number of notices issued 1,415 

Permits Issued for Srick, atone and Iron Build- 
ings. 

Bakery 1 

Boiler and engine houses 6 

Bottling houses,... 2 

Breweries 1 

Carriage houses and wagon sheds 1 

Charitable institutions 1 

Churches 2 

Dwellings 79 

Dwellings and stores 5 

Dwellings and storage 1 

Exhibition building 1 

Familv hotels and tenement houses 13 

Family hotels, tenement houses and stores 3 

Gymnasium 1 

Ice houses 1 

Locomotive roundhouses 1 

Manuf acto ries 4 

Mercantile 8 

OfBces 4 

Railroad stations and freight houses 2 

Schoolhouses, public 3 

Stables 23 

Stables and stores 1 

Stables, offices and hall 1 

Storage 11 

Stores 8 

Stores and mechanical 1 

Stores and storage 1 

Signal house 1 

Total 187 

Permits Issued for Wooden and Frame Build- 
ings. 

Bakery and store 1 

Bathhouses 2 

Boat houses 3 

Boiler and engine houses 2 

Bowling alley 1 



FEBRUARY 24 



1 W79. 



iai 



arriage houses and wagon sheds 13 

hapeis 1 

oal and lumber sheds 8 

Drv houses 2 

Dwelling?. 195 

Dwellings and oflfice 1 

D welliugs and stores 12 

Engine house and workshop 1 

Greenhouses 10 

Hospital 1 

Icehouses 3 

Lobster house 1 

Manufacturing 7 

Manufacturing and workshop 1 

Markets 2 

Mechanical 3 

Offices 4 

Piggery 1 

Poultry houses 9 

Kai road stations and freight house 4 

Restaurants 2 

Rope walk 1 

Scnle house 1 

Scale house and office 1 

Schoolhouses, private 1 

Stables 83 

and carriage house 3 

and carriage shed 1 

" and poultry house 1 

•' and storage 2 

" and wagon shed 3 

" coal shed and office 1 

" coal shed and storage 1 

Storage , 44 

Storage and carriage shed 1 

.Storage and wagon shed 1 

Stores 13 

Workshops 20 

Workshops and mechanical sheds 1 

Workshops and stable 1 

AVorkshops and storage 2 

Yacht club house 1 

Total 473 

Special Permits Issued. 
Special permits have been issued tor the erec- 
tion of wooden structures within the building 
litnirs, as lollows: 

Freight sheds 2 

Market 1 

Market sheds 2 

Mechanics' exhibition 1 

Offices 2 

Oyster sheds.. 4 

Packing fish 1 

Storage of barrels 1 

" canned goods 1 

" lumber 1 

" lime 1 

" hay and carriages 1 

" and sale offish 1 

Stores and offices... 4 

Total 23 

Thev were erected in the following wards; 

Ward 6 18 

* 11 1 

" 17 1 

'• 12 3 

Total 23 

Steam Engines, Boilers, J^'urnaces, etc. 
The number of steam boilers, engines, furnaces, 
etc., for which permits have been issued during 
the year, is as follows: 

Steam Engines , 6 

Steam iioilers 115 

Steam Engines and Boilers 45 

Total 166 



Bakers' ovens. 

Brick ovens for drying cores for castings. 

Calcining ovens 

Japanning ovens 

Japanning oven and furnace. 



19 
1 
2 
3 
1 
Brick ranges 23 

Total 49 

Kettle for boiling soap powder 1 

Kettles for boiling dry woods 6 

Kettle for maniifactu-ing essences 1 

Coffee roasters 1 

Cooking pans 13 

Copper wash boilers 1 

Hot water boilers 3 

Droilers 8 

Gas generators 6 

Total 40 

Aneating furnace 1 

Brick furnace 1 

Melting furnaces 6 

Blacksmith forges 21 

Total 29 

Furnaces and other heating apparatus 346 

Total 346 

Alteration:^, Additions and Repairs. 
The number of buildings for which permits 
have been issued to have repairs and alterations 



made upon tliem, and to have additions built to 
them, is 2191. 
Classified as follows: 

Brick 821 

Wood and frame 1,352 

14 



Stone . 
Iron. 



4 



■Total 2,191 

The estimated cost ol alterations, repairs and 
additions that were compltiie I duriug the year is 
$852,333. 

The nature of the repairs, alterations and addi- 
tions for which permits have been issued during 
the year is as follows: 

Bay windows built 69 

Brick additions erected 79 

Buildings increased in height 135 

" reduced in height 22 

" raised " 34 

" remodelled for business purposes Ill 

" " " dwelling •' 140 

se 'ured, repaired and altered 433 

" altered to stables 4 

Cellar bottoms concreted 27 

" " ex avated and deepened 35 

Change of location 169 

Chimneys built and repaired 118 

Doorways altered and enlarged 263 

" cut in external and party walls 78 

Elevators put in ,,. 19 

Floors altered, raised and repaired 37a 

Foundations built and repaired 447 

Iron columns and beams 89 

Lower story altered to mercantile purpose s 88 

Openings made in walls '67 

Partitions built and locations changed 334 

Repair damage by fire. 76 

Roof s altered in style 117 

•' repaired and secured , 179 

Skylights put in 46 

Sta'rways built, altered and repaired 172 

Ventilators in roof , 70 

Walls built and altered 61 

Window openings altered and enlarged 736 

Wooden additions erected 448 

5,038 

Projectmg Signs and. Lanterns. 

The number of examinations that have been 

made itpon petitions for leave to maintain signs 

and iaoterns to project over the sidewalk is as 

follows: 

Lanterns 12 

Druggists' mortars , 10 

Transparencies 1 

Signs 4 

Total.. 27 

Permits for the Occupation of Streets. 
The number of permits that have been issued 
to occupy streets for building purposes is as fol- 
lows: 

Permits in force Jan. 1, 1878 67 

Permits issued during the year 1,102 



1,159 



Total 1,159 

Permits cancelled during the year 626 

Permits revoked . 6 

Permits in force Dec. 31, 1878 527 

Total. 

hire and Accident Jieco)d. 
The number of buildings that have been report- 
ed as damaged by fire or accident is 323 

Tee probable causes were as follows : 

Baker's oven, defect in arch of 1 

Boiler, improper setting of 1 

" woodwork too near , 1 

" wood placed on top of 1 

Camion wad, burning of, on roof of building 1 

Chimney flues, defective 8 

" " matches placed in contact with.. 1 

" " overheated , 2 

" " woodwork near 3 

Children setting fire to a straw bed 1 

" playing with fire, setting fire to a 

wooden box 1 

Cooking pans improperly set 1 

Fireworks, burning ot, on roof of liuilding 2 

Furnace smoke pipe, defective 1 

" woodwork near 1 

Gas, explosion of 7 

Gas jet in contact with curtain 2 

" in contact with bundles in closet in ex- 
press office 1 

Gas jet in contact with goods In store window.. 1 

Gas jet in contact with wooden partition... 1 

Gas leakage, coming in contact with lighted 

match 2 

Grate, improper setting of 1 

Hearth, unsafe setting of 2 

" unsafe setting of , and range 1 

Heating apparatus, woodwork near 3 

Hot ashes, placed in wooden vessels 3 

'■ placed in wooden barrel near parti- 
tion 1 

Incendiary 36 

Kerosene oil lamp, explosion of 10 



123 



BOA.B. D OF ALDKRISIEIN 



Kerosene oil lamp, breaking of 

" " careless use of , 

" " upsetting of 

Kerosene oil lantern, breaking of 

Kerosene oil still, defective 

Kerosene oil stove, defective 

" " overflow of oil from 

Kettle of cement, boiling over on stove 

" of tar, upsetting on stove... 

" of varnish, boiling over on stove 

" of pitch, boiling over on stove 

" of boiling wax, overflow of 

Lighted match dropped in closet igniting cloth- 



ing. 



Lighted match thrown In a pile of clothing 

" placed in clothing 

' accidental dropping of in excel- 



sior. 



Lighted match dropped into window curtain 1 

" '• thrown into a pile of rubbish 1 

" candle in contact with Christmas tree. . 1 

" kerosene lamp placed near ceiling 1 

Lighted lamp in contact with clothing 1 

lami) in contact with lace curtain 1 

" papers, children playing with, 2 

" gas stove communicating with curtain.. 1 
Lighte d tobacco pipe dropped into a basket of 

clothes 1 

Lighted tobacco pipe in clothing 1 

Lightning 11 

Lounge placed too near a stove 2 

Matches, children playing with 11 



in drawer 

•' rats upsetting a box of . 

" mice among 

" dropped into a wooden box 

" carried by rats into partition 

Naphtha vapor, explosion of 

Oven, unsafe setting of.. 

Petroleum vapor, ignition of 

Potato frier, improperly set 

Red-hot rivet falling on floor 

Register box. defective 

Sparks from chimney falling on roof 

" " forge 

" " locomotive 

" " emery-wheel igniting leather chips. 

Smoke pipe, overheated.... ! 

Smoking cigar in bed 

Soot in chimney taking fire 

Spontaneous combustion of cotton waste 

" " waste 

" " oily rags 

" " oil and sawdust 

Stove, woodwork near 

" overheated , 

" unsafe funnel to 

" upsetting of 

" Insecure pipe attachmentto 

" wood plared on top of 

Stovepipe, woodwork near .■ 

Tank of boiling tar, overflow of 

Thimble-hole filled with combustible material.. 

" improperly set 

" in contact with woodwork 

Tramp accidentally setting fire to straw 

Unknown 

Water pipes, thawing of 

Wooden spittoon. 



2 
1 
1 

1 

1 
1 
1 
i 
1 
1 
1 
6 
2 
1 
1 
1 
1 
3 
1 
1 
1 
1 
2 
4 
1 
1 
1 
1 
1 
1 
2 
1 
1 
1 
61 
1 
1 
Caught from adjoining buildings 60 

Total 323 

The attention ot this department lias, to a con- 
siaerable extent, necessarily been directed to the 
inspection of hoistways and elevators. I'he large 
increase In their number since the fire of 1872, the 
increased height of buildings now being erected, 
the introduction of elevators into classes of build- 
ings heretofore not generally provided with them, 
such as hotels, family hotels, operative and public 
buildings, and the especial danger from accident, 
and the extension ot lire in their use, indicate 
that more than ordinary attention should be given 
them. 
The total number of examinations that have been 

made is 324 

The total number of violations that have been 
reported is as follows: 
Hoistway and elevator opanings unprovided with 

trap doors 96 

Hoistway openings unprovided with a railing 146 

Trap doors to hoistway openings left open when 

not in actual use 10 

The report gives a record of the cases ot acci- 
dent occurring from the use of hoistways and 
elevators. 

Means of Egress and Fire-Escape. 
The especial work of the department during the 
year has been directed to the examination ot ten- 
ement house.s, hotels, family hotels, operative 
buildiugs, charitable institutions, etc. 

The work ot inspection, so far as it has pro- 
gressed, has been thorough, every building in the 
district oeing visited, occupation determined, 
and those belonging to any of the above classes 
carefully examined, a plan ot the premises 
drawn, and stich additional opportunity tor es- 



cape required as -was deemed necesSai-y rfom the 
interior construction ot the building. 

The kind ol tire-escape that has been generally 
recommended is an iron balcony with ladder, at 
present supposed, iD the larger number of cases, 
to be the best substitute for deficiency of means 
ot egress, where the interior construction of a 
building cannot readily be changed to provide it. 

Thus far, requisitions issued by the department 
have principally been upon those buildings erect- 
ed for other than their present occupation, which, 
though ample for its original one, is inadequate 
for the present. 

The number ot buildings that have been exam- 
ined with reference tojmeans of egiess and fire- 
escapes is 6735. 

The whole num'ber ot buildings upon which de- 
tailed reports have been made is 1173, classified as 
follows: 

Charitable institution s 9 

Hospitals 2 

Hotels 32 

Family hotels 24 

Lodging and boarding houses 518 

Buildings in which operatives are employed 32 

Tenement houses 556 

Total 1,173 

Of the number that have had detailed reports 
made upon them, the material of their construc- 
tion is as follows: 

Brick and stone buildings. . . , 1,032 

Wooden and frame buildings 141 

The height ot these buildings, in the number of 
their stories, is as follows: 

Of one-story buildings there are 2 

Of two-story buildings there are 59 

Of three-story buildings there are 687 

Of four-story buildings there are 365 

Of flve-story buildings there are 51 

Of six-story buildings there are 9 

The roof story is in addition to, and is not com- 
prised in the above classifacation. 

The styles of roots of the foregoing buildings 
are as follows: 
The number of buildings having mansard roofs 13.303 

" " " " " flat roofs is 351 

" " " " " pitch roofs is 499 

Buildings having styles of roofs other than the 

above 20 

The whole number of buildings unon which 

requisicious have been made is 219, cfassitied as 
follows : 

Boat-clubhouses 1 

Boarding houses 14 

Charitable Institutions 3 

Children's hospital 1 

Dwellings 2 

Family hotels 1 

Hotels 5 

Operative 3 

Public hall 1 

Private schoolhouse 1 

Tenement houses 146 

Tenement houses and lodging 2 

Theatre 1 

Lodging houses 38 

Total 219 

■Requisitions have been issued upon these build- 
ings as follows: 

Bannisters and stairs secured 1 

Bridges 4 

Corridors 2 

Doors made to open outward 4 

Doors, proper fastenings required to 4 

Footlights required to be protected 1 

Heartn to be secured 1 

Iron balcony and ladder fire-escapes 94 

Iron balcony fire-escapes 40 

Iron ladder iBre-escapes 6 

Iron ladder and nlatform 2 

Ladder to roof ot adjoining btiilding 2 

New doorways required 2 

New stairways required 7 

New scuttles in roof required 6 

Scuttle-covers required to be made to open 12 

Stairways, obstructions on, required to be removed 1 

Step ladders to scuttle in roof required 74 

Step-ladders to roof of adjoining building required. 3 

Step-ladder and platform 1 

Wooden balcony and ladder fire-escapes 3 

Total 275 

The Inspection o/ Buildings. 

The number ot violations that have been inves- 
tigated and reported on is 1074. 

This number does not include numerous viola- 
tions that were removed on verba) notification, 
but those only that from any cause it became 
necessary to take ofBcial action on. 
Examinations . 

The daily outside ivork ot the de partment con- 
sists in the inspection ot buildings reported to be 



FEBRUARY 2;-4 



18 79, 



1<J3 



iu au unsate coiulitiou Irorn auy cause wbavever; 
delicieucy iu the means of egress or tire-escapes 
upon buildings required by law to be proviclen 
with them ; the s-upervisiou of the erection of new 
buiktings and the enlargement of oid cues, with 
reference to provision for jjublic safety and con 
formity to the requirements of the building law. 
Tlie number of examinations is as follows : 

New buildings iu process of erection 6,025 

BuHdiugs In process of alteration or enlarge- 
ment 6,496 

Special examinations 182 

Fue-escai)e and InsufQcient egress 2,908 

Hoist- way and elevator 324 

Steam engine and boiler setting 503 

Heatiiig apparatus 283 

Projecting signs 81 

Combustible maierial 1 

Unsafe buildings 528 

Dangerous chimneys.. 828 

Defective flues ' 37 

Unsafe heating apparatus 80 

Unsafe boiler setting and furnaces tO 

Buildings damaged by fire and accident 477 

Sundry 707 



Total..... 19,470 

Completed Buildings. 

The total number of brick and stone buildings 
completed during the year is 210, at an estimatdd 
cost of §2,628,225. 

The total number oi wood and frame buildings 
completed during the year is 421, at an estimated 
cost of $819,430. 

The estimated cost of completed additions, al- 
terations and repairs is $852j333. 

CITY ENGINEEll'S DEPAETMEKT. 

The annual report of the (Jity Engineer (City 
Doc. No. 22) was received and sent down. 

The following ie a statement of engineering ex- 
penses from Jan. 1, 1878, to Jan. 1, 1879: 
Amount expended from depari- 
meut appropriation for 1877- 

78 ....§6,718.74 

Amount expended from depart- 
ment appropriation for 1878- 
79 19,340.40 



6,059.14 
1,443.00 



Total expended from depart- 
ment appropriations 

Amount expended from special 
and other appropriations 

Total 827,502.14 

Amount of appropriation for financial 

year 1878-79 .827,000.00 

Amount expended to Jan. 1, 1879 19,340.40 

Unexpended balance, Jan. 1, 1879 S7,659.60 

The number of persons employed and paid from 
the depaitment appropridtiou was, on the 1st of 
January, 1878 (in'cludirig the City Engineer), 
twenty. The pies nt number is nineteen. The 
operation.'! of the department for the year, to- 
gether with such general information relating to 
the various works and structures finished and iu 
progiess as is thought to be of interest, are given 
in tlie following statements: 
Bridges. 

No now tide-water bridges have been built 
during the year, nor have any very important 
changes or additions been made to the old ones. 
The reiians hH\ c been, in some cases, more ex- 
tensive ihvu. obual, and have, m all cases where 
practicable, been made V>y mechanics employed 
by the day. Only three contracts tor work on 
these bridges b?ve been made; one for the con- 
struction "of a draw-pier at Cambridge-street 
Bridge, Brighton ; one for paving on Broadway 
BridgCi and one ior ironwork on the same bridge. 

The system adopted by the Committee on 
Bridges in 1876, of having the ordiuary repairs on 
the bridges made by a foreman and carpenters 
hired directly toy the city, has been continued the 
past year. 

Back Bay Park. 

Considerable work has been done for the Park 
Commissioners, durins the past year, in connec- 
tion with the new park on the Back Bay. As the 
filling of the various entrances and of the streets 
around the park progsessed, it became necessary 
to make some temporary provision for the flow of 
water through the creeks and water-courses that 
were crossed by these avenues. Estimates of cost 
ana plans were made of the culverts and bridges 
reouired, and at the request of the commission- 
ers" this department has taken charge of the work 
of building the culverts at the l-'arker Hill, Long- 
wood and Huntington-avenue entrances, and a 
bridge at the outlet of Stony Brook. 

Borings have been maae over the entire area 
covered by the park and its entrances, and a plan 



made showing the contour of hard bottom for 
every three feet in depth. 

Various plans have been devised and estimates 
of cost made of methods of controlling and dis- 
jiosiug of the waters of Stony Brook and Muddy 
River within the park limits. 

Roxhury Canal Jriprovement 

By vote of the City Council all matters connect- 
ed with the abatement of the nuisance iu Rox- 
bury Canal, in accordance with the act of the 
Legislature passed May 11, 1877, were placed in 
charge of the Joint Special Committee on Im- 
proved Sewerage. All the estates within the lines 
of the takings for this improvement became the 
property of the city upon the ajiproval of the or- 
der of the City Council in relation thereto (July 
13, 1878). An entry for posses.'iion was not made 
until Oct. n, 1878, when the first load of tilling 
was dumped into the canal. Sioce the latter date 
the tilling has been continued until the present 
time. The system adopted for the work was to 
tix prices per square of eight cubic yards each, 
for the different kinds of material accepted for 
filling, and to pay for the aojounts as determined 
by measurements of each cartload. Some twenty 
or thirty parties have been hauling material to 
the canal,'and the number of cartloads received 
has varied from less than a hundred to over a 
thousand loads per day. The total amount re- 
ceived to Jan. 20 was 3816.4 squares; and the sum 
paid for it was $8248.32. 

The sum iDaid for superintendence, measure- 
ment of material, removal of wharf on the Lewis 
estate, building a pile bulkhead across tbe canal 
on the southerly side of Albany street, and tor a 
temporary wooden sewer in NorthamptoD street, 
was §1089.43, of which amount the bulkhead cost 
$611,82, and tbe temporary tewer §477.61. All the 
worJr has been done under the immediate super- 
vision of this department. 

The filling of that portion of the canal that lies 
north of the southeily line ot Albany street is 
nearly finished. The filling of the remaining por- 
tion cannoD be done advantageously until it is 
decided what disposition can be temporarily 
made of the sowsjje now discharging into the 
canal, nor until the retaining wall is built on the 
easterly line ot the extension of East Chester 
park. An ace is now pending in the Legislature 
in relation to this temporary diversion of the 
sewage, and for other purposes iu connection 
with tbe improved sewerage scheme. 

Settlements nave been made by the committee 
with the owners and trustees of four estates, 
taken by the city, for all damages sustained toy 
them. The dates of settlement, names of owners 
and amounts paid, are as follows: 

Sept. 19, with ti.e devisees under the will of 
William Evans, for $24,135. 

Oct. 24, wir.n tbe trustees of the James B. Dow 
estate, for $85,820.54. 

Oct. 25, with Emeline Lewis, for $41,241.66, and 
Dec. 17, with the trustees of the grammar school 
in the easterly pare of the town of Roxbury, for 
§18,301.50; a total of .§169,498.70. 

Wideninc/ of Parker Street. 

In May a plan and specifications were prepared, 
and on June 5 a coutract was made with Thomas 
A. Eames for building a small bridge and bulk- 
head at the outlet of Stony Brook, on Parker 
street. The work was completed on July 1, at a 
cost of §450. 

l7i General. 

Considerable work has been done during the 
year of a miscellaneous character, such as esti- 
mates of cost of various plans for the diversion 
of the sewage from Roxbury Canal; estimates 
and plans for a new system of drains and vaults 
on the city's property on Northampton street; 
estimates for tbe Board of Health, of the cost of 
a dam at the outlet of the Cbarlestown Mill Pond: 
and also, measurements of stone tor a temijorary 
dam at tbe Mill Dam Bridge, and of earth used to 
abate a nuisance on Dorchester avenue; borings 
on A street, from Richards street to the old loca- 
tion ot Eastern avenue, for the Superintendent of 
Streets, to determine the quality of the tilling, 
etc., etc. 

In the draughting room, in addition to a large 
amount of miscellaneous office work, such as 
copying, letteiiug, tracing, and revising plans, 
and making plans of finished structures for rec- 
ord, etc., detail plans, with specifications and 
estimates, for the following iron bridges have 
beeo made: 

Dartmouth-street Bridge. 

Ashlanci-road Bridge, for Boston Water Works. 

ITnion-street " " " " " 



124 



BO A.RU OF ALOEmVlEN, 



Water TVorka. 

Lake Cochitnate— The surface of tbe water iu 
Lake Cochituaie was eleven feet above the bottom 
of the conduit on Jan. 1, 1878. On Jan. 10 the 
water had fallen to ten feet seven inches, which 
was the lowest point reached during- the year. By 
the aid of the Sudbury River supply the surface 
of the lake has been kept within one or two feet 
of high-water mark throughout the year, and 
stood, Jan. 1, 1879, twelve feet above the conduit 
bottom. 

Water has been received in the lake from the 
Sudbury River as follows: 

Davs. Gallons. 

February 5 4,700,000 

March 12 12,0C0,0C0 

May 5 98,000,000 

June 19 504,100,000 

July... 21 177,300.000 

August..... 31 747,200,1100 

Seotember 25 287,300,000 

October 19 661,600,000 

November 5 176,100,000 



2,668.300.000 
supply of 7,310,400 



Total 142 

Equal to an average daily 
ealloDS for the whole year. 

There has been waste at tbe outlet dam from 
Jan. 15 to Feb. 5, from Feb. 10 to 19, from Feb. 22 
to April 3, from April 30 to May 6, and from Nov. 
22 to Dec. 31; the total waste being 3,341,875,000 
gallons, equal to a daily supply of 9,155,800 gallons 
for the year. 

Consumption— The average daily consumption 
from the Cochituate works tor each month of the 
year has been as follows: 
January.. 24,210, 600 galls. July 25,620,000 galls. 



February. 23, 848, 700 
March.... 21,019,500 

April 20,628,600 

May 22.023,800 

June 23,360,600 



August.... 2 4,67 9, 600 
September24,469,7 00 
October.... 24,100,700 
November.22,200,600 
December.22.298,500 



Making the daily average consumption for the 
year 23,205,700 gallons,— an increase of 12.2 per 
cent, over the consumption of 1877. 

The greater portion of the supply has been de- 
livered through the Cochituate conduit; the new 
conduit from Farm Fond has been used ro convey 
water to Chestnut Hill Reservoir, fifty-two days 
in all, and has delivered 753,800,000 s; aliens, —equal 
to a daily supply for the year of 2,065,200 gallons. 

The average daily quantities of water pumped 
by the high-service engines for each month of the 
year are as follows: 
January. ...2,145,985 galls. ; July 2,213,000 galls. 



February.. 2,091,796 

March 1,947,552 

April 1,955,583 

May ..2,022,500 

June 2,136,733 



August 1,884,000 

September. 2,035. e67 
October.... 2.080, 000 
November . 2 ,068 .2 17 
December..2.187,176 



The average daily quantity for the year is 2,063,- 
460 gallons — an increase of 20 per cent, over that 
of 1877. 

It will be noticed that the consumption of water 
supplied from the Cochituate works, is over 12 per 
cent, greater last year than it was the year before, 
and that the consumption in the high-service ter 
rltory has increased in a still greater ratio, viz., 20 
per cent. 

This increase is not due to'a corresponding in- 
crease in the water takers, but results almost en- 
tirely from more extravagant use and reckless 
waste; and, unless effective means be taken to 
check it, tlie city will be called upon soon to make 
large outlays for new main pipes and new high- 
service works. This question of waste of water 
will be more fully considered in the annual report 
to the Water Board. 

Brighton Pumping Works — The daily quantity 
of water pumped at this station has varied from 
20,000 to 150,000 gallons. The pumps have worked 
satisfactorily, and are in good condition. 

Distributins: System and Pipe Plans — No impor- 
tant changes have been made in the pipe distri- 
bution during tbe past year. About seven miles 
of main pipe have been laid; a small amount in 
comnarison with that of the last few years. The 
plans showing the location of the pipes, gates and 
hydrants have been corrected as usual. 

Mystic Pumping Station — The daily average 
quantities of water pumped at this station tor 
each month of the past year have been as follows: 
January. . 10.345,773 galls, i July 9,103,059 galls. 



February. 9,946,690 

March.... 8,187,691 

April 7.365,341 

May 7.718,876 

June 8,366,306 



August 8,760,372 

September.8,588.820 
October.... 8,056,556 
November. 7, 815,460 
December. 8,218,447 



The total amount pumped during the year has 
been 3,114,371,1 70 gallons, equal to a daily aver- 
age of 8,532,524 gallons tor the year,— a slight in- 



crease only above the consumption of the pre- 
vious year. 

Mystic Valley Sewer — The main or brick portion 
of this sewer extends from the vicinity of Blose- 
ley's tannery to the Lower Mystic Lake, a dis- 
tance of 11,857 feer. At tbe date of tne last re- 
port there remained to be built about 200 feet in 
length adjoining and on either side of the Wedge 
Pond crossing, about 200 feet more on the West 
side of the Abbajona crossing, ana the iron-pipe 
outlet at the lake. 

The Russell Brook branch is 6145 feet long, and 
is laid with fifteen-inch and ten-inch stoneware 
pipes. At the beginning of last vear 1056 feet of 
pipes had been laid. 

During the past year the entire work has been 
finishec), including the building of six-inch branch 
drains to various tiinoeries and the settling tanks 
connected with them. 

The proposed location of the Russell Brook 
branch was described in last year's reiiort; but 
after further consideration it was thought advisa- 
ble to terminate it at Prospect street, in Woburn, 
and thus cut off aliout 2400 leet in length of the 
line at the upper end. 

A/iscellaneous. 

In January plans were made for a new fire hy- 
drant. This is now used in place of the old Boston 
hydrant and has more than double its capacity. 

Estimates have been made for improving the 
distribution in Charlestown and for supplying 
East Boston with Cochituate water. 

Thirty plans have been made showing the im- 
portant pipe connections in the city, and copies 
of tbe same, to be bound in book form, have been 
made for the Superintendent of the Eastern Di- 
vision and his as.'iistants. 

Additional Stijiply. 

Mr. Fteley, resident engineer in charge of addi- 
tional supply, reports as follows upon matters of 
interest connected with those works, and upon 
the progress that has been made during the past 
year towards their completion : 

"The averaae record of five rain-gauges, kept 
at various points of the watershed of Sudbury 
River (namely, at Hopkintou, Westborough, 
Marlboroueh, "Southborough and Framingham), 
shows an unusual rainfall, equal to 57.931 inches 
tor the year; the flow of the river has consequent- 
ly been larger, and, with the exception of the 
months of July and September, has been more 
evenly distributed than usual. 

The net vield of Sudburv River and Farm Pond 
has been 41,202,000,000 gallons, which equals 52.63 
per cent, of the rainfall ; this quantity of water, 
if spread all over the water shed, would cover it 
to a depth of 30.488 inches, and, if uniformly dis- 
tributed throughout tbe year, would give a daily 
flow of nearly 113,000,000 gallons. 

On Feb. 13, all the water gates at Farm Pond 
gate bouse having been completed, the water was 
for the first time turned directly into Chestnut 
Hill Reservoir at 11.45 A. M.,ln the presence of 
the Boston Water Board. 

During the year the water was sent to Chestnut 
HiU Reservoir through the new conduit at the 
times and in the quantities shown as follows: 
Feb. 13 to 16, inclusive, - 148,400,000 gal. 
July 5 to IS, " 118,200,000 " 

Aug. 12 to 14, " 96,400,000 " 

Sept. 25 to Oct. 15, inclusive, 188 100,000 " 
Oct. 24 to 25, '• 15,200,000 •' 

Nov. 1 to 2, •' 23,700,000 " 

Nov. 8 to 9, " lS,700,OOOi " 

Nov. 11 to 12, " 42,900,000 '• 

Nov. 22 to 24, " 29,200,000 " 

Dec. 21 to 22, " 51,000,000 " 

Dec. 26 to 27 " 27,000,000 " 



Total, 52 days, 
The water has been turned 
into Lake Cochituate dur- 
ing 14 2 days to the 
amount of 



753,800,000 



2,668,300,000 " 

Total amount of Sudbury 
River water supplied to 
Boston, 3,422,100,000 " 

Equivalent to 9,375,000 " per clay. 

The total amount of money expended to 
date for "additional supply," Including 
all expenditures on account of tempor- 
ary supply and the expenditures in- 
curred and payable on Jan. 1, 1879, is.. §4,881, 124.17 

Percentage retained from the various 
contractors to secure the faithful per- 
formance of their contracts 19,874.25 



Total S4,900.998.42 

Of this amount $1,239,100.04 has been spent for 
settling land and water damages, and lor engi- 
neering, superinten'lence, and all other expeoses. 



FEBRUARY 34, 1879 



1^5 



The balance, §3,661,898.38, has been paid for 
work clone by contract, or by day's labor, and for 
materials. 

Improved Sewerage. 

The work of eonstructiue; the new system of 
improved sewerage has proceeded steadily durinji' 
the year, but its approach to that stage ot com- 
pletion when it can be made available tor abating 
Che Stony Brook and South Bay nuisances Da-j 
been much slower than was anticipated. This 
has been due to the unexpected lengfth ot time 
required to obtain rights of way on portions of 
the sewer lines. The receut laying out of East 
Chester park extension gives possession to the 
city of the route tor the entire length of the main 
sewer, and work upon that portion of it not al- 
I'eady under contract will begin in early spring. 

In all, 434 miles of main and secondary sewers 
have been put under contract, and work by day's 
labor, under the direction of a superintendent, 
has been begun and nearly finished upon two sec- 
tions of the Back Bay sewer, 1% miles in length. 
Of the 434 miles under contract, 3 9 10 miles are 
finished, 3 6 10 of which have been built during 
the past year. Two sections of the main and four 
sections of the secondary sewer are completed. 
On four other sections work is still going on, un- 
der such requirements as to heating of building- 
materials and protection of finished portions as 
insure sound construction. 

An investigation of much importance was made 
early in the year to discover the probable effect 
ot the proposed intercepting sewer upon the soil 
water of the Back Back district. Fear had been 
expressed that the new system (by doing away 
with the semi-daily damming up, by the tide, of 
the contents of the sewers) might lower consider- 
ably the soil water in that region and, by reduc- 
ing it below the tops of the piles supporting 
buildings might endanger their stability. 

It was determined to produce in one of the 
Back Bay sewers the exact condition which will 
exist when the new system is completed and to 
notice its effct upon the soil water. To this end a 
pump was connected with the Berkeley-street 
sewer, near Beacon street, and its sewage was 
continually pumped (except at low tide), so that 
the water ran, as is intended, but a few inches 
deep. Previously twenty pipes had been sunk be- 
low the level of the soil water, some near to the 
sewer, others a little farther away, and still others 
several blocks distant. Pumping began Jan. 17 
and the height of the soil water standing in each 
pipe was taken twice each day during its contin- 
uance. 

It was first discovered that the surface of the 
soil-water stood at about the same level, avera- 
ging 7.7 feet above mean low water, over the whole 
Back Bay region, and its height, while slightly 
affected by local contours of the surface, was in- 
dependent of the elevation of sewers in its vicin- 
ity. For instance, the water in the vicinity ot the 
Dartmouth-street sewer was at the same level as 
that near the Berkeley-street sewer, although the 
latter sewer is two feet lower than the former. 
Secondly, it was found that the sdil water rose 
and tell, responding quickly to any rain or melt- 
ing of snow (the extreme rise due to four inches 
ot water being one toot), and that the variation 
was nearly uniform over the entire district. 

Finally, it appeared that the pumping, which 
continued fifty-three nays, affected but slightly, 
and that within 100 feet of the sewer, the soil 
■water in the vicinity of Berkeley street. At the 
close of the experiment, the sewer resuming its 
former conditions, the soil water in its immedi- 
ate vicinity rose from an inch to an inch and one- 
half, and thereafter varied in unison with the 
water in other localities. 

The experiment is thought to show conclu- 
sively that no dangerous lowering ot the ground- 
water need be apprehended in consequence of the 
adoption of an intercerpiiig system. 

LEGISLATIVE MATTERS. 

The fourth report of the Joint Standing Com- 
mittee on Legislative Matters, giving the bills 
which have been introduced in the General Court 
in which the city of Boston is interested, was sub- 
mitted. Accepted. Sent down. 

SEWEKS. 

Alderman Tiles submitted the following from 
the Committee on Sewers: 

Reports on sundry schedules ot the cost ot con- 
structing certain sewers, that the same are cor- 
rect and recommending the passage of accom- 
panying orders for the collection and assessment 
and collection of the same. The orders were sev- 
erally read twice and passed. 



Ordered, That $2.84 be abated from the assess- 
ment levied upon William B. Hanly for a sewer 
on Cottage street, on account of overestimate of 
land; that SIO. 82 be abated from the assessment 
levied upon Charles VV, Stevens for a sewer in 
Cottage street, on account of overestimate of 
land; that 838.41 be abated from the assessment 
levied upon Kben Alexander for a sewer in Ash- 
ford street, and the same amount be assessed up- 
on Harrison O. Apthorp; that §34.58 be abated 
from the assessment levied upon Joseph P. Cal- 
row's heirs for a sewer in Gardner street. Read 
twice and passed. 

PUBLIC PARKS. 

Alderman Breck presented a communication 
from the Board of Park Commissioners represent- 
ing that there is abou^t seventeen hundred dollars 
remaining of their appropriation which will not 
be needed for current expenses, and recommend- 
ing its tianster to the appropriation tor the Back 
Bay Park, as the appropriation for that improve 
meut is nearly exhausted. Referred 10 the Com- 
mittee on Finance. Sent down. 

SUPEKIJs'TEXDEKT OF COMMON AND PUBLIC 
GROUNDS. 

On motion of Alderman Slade the Board took 
from the table the election of a Superintendent 
of Common and Public Grounds. 

The Cuairman read a petition from William C. 
Strong and other members of the Massachusetts 
Horticultural Society, recommending the election 
of Patrick Norton as Superintendent of Common 
and Public Grounds. Oa motion ot Alderman 
Slade, the petition was placed on file. 
A bal'ot was ordered. 
Committee— Aldermen Slade, Breck. 

Whole number of votes 12 

Necessary for a choice 7 

John Galvin had G 

AVilliam Doogue had 6 

There neing no choice, a second ballot was taken. 

William Doogae had 7 

John Galvin had 3 

Hermann Giundel 2 

Mr. Doogoe was elected in concurrence. 

S'UPERINTENDENI' OF STREETS. 

Among the papers received from the other 
branch was the majority report of the joint spe- 
cial committee to nominate a Superintendent of 
Streets, recommending the election of George L. 
Thoi udike, and the minority, recommending the 
election of Charles Harris. On motion ot Alder- 
man Kelly , the reports were laid on the table until 
the other busi less was disposed of. 

Later in the session the subject was again con- 
sidered. 

Alderman Kelly — It is now six o'clock, and if 
the Aldermen decide that they would prefer to 
hear what I have to say on this report in regard 
to the nomination of a Superintendent of Streets 
—though I would prefer myself to have the mat- 
ter taken from the table and specially assigned to 
next Monday evening, as it will take about half 
an hour to go through with such a volume as that 
— I will labor with them this evening. 

Alderman Breck — II seems to me we need n't 
put off this matter for another week. It is six 
o'clock to be sure, but we can stay until eight, if 
the Alderman wants to read the report through. 
We have labored over it some time, and I sup- 
posed that he had arrived at some conclusion in 
his mind in regard to it, as I know I have done. 
I am ready to iiroceed to a ballot this evening. 

On motion of Alderman Stebbius, the Board 
took from the table the reports making nomina- 
tions tor Superintendent ot Streets. 

Alderman Kelly — I move to specially assign this 
matter to five o'clock at the next meeting. 

The question was put, and the Chairman was in 
doubt. 

Alderman Kelly called for the yeas and nays, 
and the motion was lost — yeas 4, nays 8: 

Yeas— Aldermen Bell, Flynn, Kelly, O'Brien— 4. 

Nays— Aldermen Breck, Hayden, Pope, Robin- 
son, Slade, Tucker, Stebbins, Viles— 8. 

The question was upon the acceptance of the 
report. 

Alderman Kelly— I was perfectly willing, sir, to 
adjourn the discussion upon this matter tov the 
sake ot accommodating the Aldermen, but it was 
not because I am not as well prepared this even- 
ing as I shall be at the next meeting. 1 propose, 
Mr. Chairman, to go into a little of the evidence 
in the report on Mr. Harris, and before I say any- 
thing in regard to the evidence I wish to state 
here in the onset- -because I don't believe in 
being a hypocrite— that it would not have 
made any odds what the report would have been, 
or what the evitience was b fore that committee . 



136 



BOAJ^U OF Al^UEPtA^lEN 



I bad made up my mind before I became a meai- 
ber of tliis City Governmeut to vote against 
Mr. Harris. I shall be fraulJ about ttiat. Not 
tbat I have any persoual teeliDji: against Mr. 
Harris, but because 1 bave a prejudice against 
tbe Paving Department, and believe that for 
years it has cost the city of Boston too much 
money to run it. I never saw Mr. Harris to know 
liim until the day ajspointed for the investigation 
to commence in the Council chamber. Then I wish 
to say more than tliat; that the candidate which the 
majority of the committee have proposed to elect 
is no man that I brought forward" mysell. Mr. 
Thorndike is a personal friend of mine, I admit, 
a gentleman, a man that any man can be proud to 
be associated with, who would do honor to any city 
or any department with which he is connected. 
He has never asked anybody to vote for hiiu and 
he never will. A gentleman io this Board asked 
me it he would accept this position. I told him 
I did n't think he would, but I would ask him. I 
thought his real estate and that of his brother was 
about all that he could attend to, but I volunteered 
to see uim. He slated to uie that it he 
could be of any be»iefit to the depart- 
ment and the city he would consent to 
his name being used. Now, sir, that is 
the whole sum and substance of his name 
being brought before this City Gcvernmenr. 1 ao 
not charge that Mr. Harris is a dishonest man. I 
am not going to say that there is any proof direct- 
ly or indirectly b/ought forward charging him 
with dishonesty; but that he is a competent per- 
son to carry on so large a department and disburse 
so much money, I proposo to show, to the satis- 
faction of myself at least, it not to the satisfac- 
tion of my friend opposite, tbat be is incompetent 
to take charge of the disbursement of so much 
money. Now sir, it will be tedious, but I sball 
drop into the testimony which I shall produce 
from the evidence not from the evidence of the 
petitioners, tout from those of Mr. Harris himself. 
Had the trial, as you may term it, or tbe examioa- 
tion ceased at the end of the evidence produced 
by the petitioners, I think the case would have 
been a very poor one; but the evidence that has 
been produced by Mr. Harris's own witnesses, I 
think, justifies the citizens of Boston in requiring a 
change, and that it will not be a detriment but a 
great advantage and benefit. Mr. Kennison was 
discharged, he said, for paving a yard in some 
brewery. You will find this evidence on pages 
118 aud'llO, He states that he was suspended for 
paving a yard, but he never did pave it; and Mr. 
Magoun, "which you will find the evidence upon 
pages 129, 130 and 1.32, testified that he was sent 
by Mr. Harris to ascertain if this yard was paved, 
and after an examination he came back and re- 
ported to Mr. Harris that he did n't know whether 
it had been paved or repaved or not. But it 
seems that Mr. Harris discharged that man and 
another man whose name I have lost, because be 
paved it, and with no evidence against hioQ. He 
brins^s in Mr. Magouo, his foreman, to testify 
that the yard was paved, but still that man was 
discharged. He also brought m Mr. Chamberlin, 
who is now in the Fire Commission